Case law

McCrory's Stores Corp. v. Murphy

164 S.W.2d 735 · Court of Appeals of Texas · Sep 4, 1942

This witness qualified as an expert architect and acquainted with materials, construction work and safety devices. … The witness qualified as an expert on architecture, construction work, including materials, and safety measures employed in such work.

Sarah Jean Clement v. State

499 S.W.3d 153 · Court of Appeals of Texas · Jul 14, 2016

It is well established that “[f]or testimony concerning a defendant’s performance on the HGN test to be admissible, it must be shown that the witness testifying is qualified as an expert on the HGN test.” 9 The same is true … I cannot understand how Appellant’s objection provided the prosecutor with the experience and expertise to qualify as an expert.

State v. Huffstutler

871 S.W.2d 955 · Court of Appeals of Texas · Mar 9, 1994

However, neither witness was qualified to give an estimate of the fair market value of the property on the date of taking. Thus, the only value amounts in evidence were $310,000 and $450,000. … Clearly, the jury was not convinced either that the highest and best use of the property was retail or that the property was worth the amounts admitted at trial and, thus, substituted its own judgment of the fair market value

Robertson v. Rig-A-Lite Company

394 S.W.2d 838 · Court of Appeals of Texas · Sep 23, 1965

He also qualified as an electrical expert. … The testimony showed them to be well qualified as experts in the field of electricity.

Johnson v. Lyford

9 Tex. Civ. App. 85 · Court of Appeals of Texas · Dec 13, 1894

The qualification attached to one of the bills, and the reasons for rejecting the other two, and written upon the bills, show clearly the matters upon which the court, and the counsel differed. … it is proposed to establish, is first shown by direct or positive evidence to have once existed.

Lott Town & Improvement Co. v. Harper

204 S.W. 452 · Court of Appeals of Texas · May 29, 1918

Paragraph 2 qualifies the admission by adding: “Note sued upon was executed as a part payment of the purchase price for said land, but upon the conditions and with the covenants hereinafter more fully set forth.” … The fourth assignment complains of the admission of testimony that was clearly irrelevant and prejudicial. We do not deem it necessary to further discuss this assignment, but sustain it.

City of Houston v. Tod

258 S.W. 839 · Court of Appeals of Texas · Dec 14, 1923

the land lying on both sides thereof for a distance of twenty-five hundred (2,500) feet from the thread of said stream, to a distance of twenty (20) miles in an air line from the present eastern boundary of said city as established … That provision of the Constitution clearly applies only to debts directly created or contracted by the city in the exercise of its functions of municipal government.

Martin v. Lott

482 S.W.2d 917 · Court of Appeals of Texas · May 25, 1972

Mary Lott qualified as executrix. … do they establish as a matter of law that he has not made such an election.

De Shazo v. Webb

109 S.W.2d 264 · Court of Appeals of Texas · Jul 9, 1937

This statement is supported by the fact that said statutes clearly and certainly purport to authorize such action by the contestants as residents of the school district. 'Said statutes are as follows: “Art. 3069. … This, we think, is clearly shown by previous quotations in this opinion from the decisions.

State v. R. E. Janes Gravel Co.

175 S.W.2d 739 · Court of Appeals of Texas · Jul 14, 1943

Therefore, he established the boundary without reference to such avulsions. … The present island was clearly shown to be a part either of the sand bar or of both the sand bar and island.

Crosland v. Texas Employment Commission

550 S.W.2d 314 · Court of Appeals of Texas · Mar 30, 1977

This interpretation is contrary to established rules of statutory construction. Although Texas Employment Commission v. … If the legislature wished to qualify its words, it would have done so. Absent such an indication, however, we should not supply judicial provisos.

McCord v. Hames

38 Tex. Civ. App. 239 · Court of Appeals of Texas · Feb 4, 1905

the defendants in said cause, without disclosing their names, filed an amended original answer in which defendants demurred to and denied the allegations of the plaintiff’s petition, specially alleged that Atherton had qualified … We think it clearly appears that--in equity and good conscience the sale of the land should not have been rescinded, and the court below did not err in refusing to allow a recovery of the land by appellant.

In Re Xto Resources I, Lp

248 S.W.3d 898 · Court of Appeals of Texas · Mar 26, 2008

The party asserting a trade secret privilege has the burden of proving that the discovery information sought qualifies as a trade secret. In re Bass, 113 S.W.3d at 737 ; In re Cont'l Gen. … We conclude that XTO established the data's trade-secret status.

Woods v. Ball

166 S.W. 4 · Court of Appeals of Texas · Apr 8, 1914

Dubose and John Ball, appellees herein, representing themselves as “resident citizens, qualified voters, and owners of real and personal property in that portion of Duval county placed within the county of Dunn under the … The perpetuity of our institutions and the liberty which is enjoyed under them depend, in no small degree, upon the power given the judiciary to declare null and void all legislation that is clearly repugnant to the supreme

Liberty Mutual Insurance Compny v. Gomez

462 S.W.2d 338 · Court of Appeals of Texas · Dec 30, 1970

The trial court further found that plaintiff’s earning capacity after the injury was $128.00, establishing a $10.00 per week loss of wage earning capacity. … The Weicher case is clearly distinguishable. In that case the worker claimed incapacity from heat exhaustion for a period in excess of two months.

Missouri-Kansas & T. R. of Texas v. Railroad Commission

3 S.W.2d 489 · Court of Appeals of Texas · Feb 8, 1928

In like manner they are immune from collateral attack, and the carriers are not authoifized to charge any shipper a greater or less rate than fixed by the tariffs. … With this distinction clearly in mind, the differences in the Texas statutes and the Transportation Act above pointed out become apparent.

Williams v. State

30 Tex. Ct. App. 429 · Court of Appeals of Texas · Dec 2, 1891

If the court deemed it necessary, under the circumstances of this case, to qualify the defendant’s right to act upon reasonable appearances of danger, and make his act depend, as seems to have been done, upon a pretext for … An error of omission is also clearly apparent in the charge of the court in reference to the law of self-defense. It nowhere instructs the jury that defendant was not bound to retreat.

Kelly v. State

792 S.W.2d 579 · Court of Appeals of Texas · Oct 10, 1990

He admits that the scientific principles of DNA testing are accepted and that the State’s experts were qualified to testify as to DNA testing. … The State clearly sets forth why the evidence does not support either of these hypotheses.

Artco-Bell Corp. v. Texstar Corp.

591 S.W.2d 945 · Court of Appeals of Texas · Dec 13, 1979

Furthermore, none of such jury findings were so contrary to the greater weight and preponderance of the evidence as to be clearly erroneous. … The wages of plaintiff’s employees in that investigation would not qualify as out-of-pocket expenses even after the date on which the contract was executed.

Preston v. Anderson County Levee Improvement Dist. No. 2

261 S.W. 1077 · Court of Appeals of Texas · May 1, 1924

If this were not true, a state could not give to its citizens that degree of governmental aid and protection which governments are established to furnish. … How can the owner confer upon another an immunity, which he, as owner, could not claim? Storrie v. City of Houston, supra. It is true, as stated in Murray v. City of Charleston, 96 U. S. 432 , 24 L.