Case law

Talley v. Howsley

170 S.W.2d 240 · Court of Appeals of Texas · Mar 12, 1943

. ■ Appellants’ first and second points upon 'which,the appeal is predicated set forth so ■clearly the theory of liability asserted that we copy same as follows : - ' “Point One. … It is true the qualifying word “ordinarily” implies a lack of universality in such rule, but we find nó discussion showing any reason for the qualification.

Gulf, C. &. S. F. Ry. Co. v. Young

284 S.W. 664 · Court of Appeals of Texas · Apr 10, 1926

That ease was resolved against Black on the doctrine of knowledge of the danger of that which he undertook to do, and, in applying that rule of decision to the facts, which clearly established that he knew it was dangerous … He did not call to his aid medical testimony, but was content to rest his case, in so far as establishing the scientific question involved, upon the evidence introduced establishing the above facts, which facts failed to

Evans, Ralph Kenneth

Court of Appeals of Texas · Aug 24, 2015

No citizen of this State shall be deprived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the due course of the law of the land. Sec. 29. … My authority of principle, for making this request is clearly stated in Supreme Court Decisions -- upon which l rely - among them, the fcilowing: DONE WfiH EXPRESS RESERVATiON OF ALL OF MY RIGHIS lN CX)flM/IOI\HAW, EQUfTY

Maryland Casualty Co. v. Bryant

84 S.W.2d 492 · Court of Appeals of Texas · May 24, 1935

Issue No. 5 does not assume an injury that caused incapacity, but clearly states, “if you have found in answer to question No. 2 that said incapacity, if any, was total,” then find from the preponderance of the evidence whether … For instance, there would be no purpose in defining the term where the undisputed testimony established that the injury, if any, occurred in the course of employment, etc.

Lemmon v. United Waste Systems, Inc.

958 S.W.2d 493 · Court of Appeals of Texas · Dec 18, 1997

A defendant is entitled to summary judgment if the summary judgment evidence establishes, as a matter of law, that at least one element of a plaintiffs cause of action cannot be established. … In fact, it is not established that New York “fully embraee[s] the doctrine of promissory estoppel.”

Burns v. Harris County Bail Bond Board

971 S.W.2d 102 · Court of Appeals of Texas · May 21, 1998

In Key Western, the court asserted that an administrative agency board can exercise no more discretion than the terms of the statute clearly provide. 350 S.W.2d at 848 . … To the contrary, if we permit the Board to consider an applicant’s prior performance, we are simply insuring that those who receive a bail bond license are qualified and capable of performing within the statutory guidelines

City of Haskell v. Ferguson

66 S.W.2d 491 · Court of Appeals of Texas · Dec 1, 1933

He alleged that the original will had been probated; that he was the duly appointed, qualified, and acting temporary administrator of the estate of Mrs. … The testatrix did not clearly and expressly create a trust by the hospital provision of the will.

Ray v. Fowler

144 S.W.2d 665 · Court of Appeals of Texas · Oct 17, 1940

There, clearly, the determination of the ultimate interest of. the child was left to the unfettered discretion of testator’s wife. … On this trial plaintiffs’ evidence was insufficient to establish a right to final relief.

Roth v. Law

579 S.W.2d 949 · Court of Appeals of Texas · Apr 5, 1979

McPherson as a possible prior trauma and cause, a hypothetical question may assume facts which the evidence fairly tends to prove, although they may not have been clearly established. Wheatheart Feeders, Inc. v. … Thus, in the end, we think the evidence fairly tended to prove, though it did not clearly establish, the absence of a trauma prior to the January 29, 1976 accident. Accordingly, appellants’ points 3 and 4 are overruled.

Hansen v. Jackson

519 S.W.3d 614 · Court of Appeals of Texas · Nov 6, 2014

First, the term “practice losses” is unambiguous and the references to “clinic losses” were unintentional mistakes that clearly and unambiguously referred to “practice losses.” … In its traditional motion for summary judgment on appellant’s claim for business disparagement, PSC asserted that the claim was barred by a qualified privilege.

Traders & General Insurance Company v. Smith

311 S.W.2d 91 · Court of Appeals of Texas · Feb 18, 1958

These findings are sufficient to establish that Subsections 1 and 2 of Sec. 1, Art. 8309, Vernon’s Ann.Civil Statutes were not applicable under the facts in the case at bar, and are sufficient to establish the sum of $50 … All say he can’t do anything without hurting, so he don’t qualify for partial, ’cause he can’t get a job and he can’t hold a job. Therefore there can’t be any partial. It’s just total, is all you can make out of it.

Waurika Oil Ass'n No. I v. Ellis

232 S.W. 364 · Court of Appeals of Texas · Jun 1, 1921

Colvin were then the present elected, duly qualified, and acting trustees authorized to execute the assignment. … It is true that the witness Shankle says in one or two places they did not, or that they refused to approve it, but he as clearly states in other places they signed and approved the contract.

Curtis v. State

205 S.W.3d 656 · Court of Appeals of Texas · Aug 31, 2006

"An offense is a lesser included offense if . . . it is established by proof of the same or less than all the facts required to establish the commission of the offense charged." TEX.CODE CRIM. PROC. ANN. art. 37.09(1). … Clearly, the credibility of an expert witness is a material issue, [4] whether the credibility is challenged by showing a history of misleading statements that benefited one side to the detriment of the other, a failure to

Coakley v. Crow

457 S.W.2d 431 · Court of Appeals of Texas · Jul 23, 1970

However, I believe that such evidence did not qualify for admissibility under the rules set down by the Supreme Court in White v. … Reising’s testimony taken from two other trials was clearly secondary evidence.

Commercial Standard Ins. Co. v. Davis

135 S.W.2d 794 · Court of Appeals of Texas · Dec 30, 1939

Davis, at the time of his injury, was engaged in the discharge of a duty clearly within the scope of his employment. … Davis was employed to do, and was qualified to do, the evidence was amply sufficient to show that his previous injury constituted no handicap to his performance thereof.

Caruth v. Dallas Gas Co.

282 S.W. 334 · Court of Appeals of Texas · Jan 16, 1926

It will be seen from tbe above finding of facts that appellant established as a fact tbe making of tbe statements alleged to have been slanderous. … It seems to us that, if the jury believed this testimony, and allowed the construction of the language for which appellant contends, there is clearly established an'excess of the privilege allowed appellee.

Montgomery v. State

198 S.W.3d 67 · Court of Appeals of Texas · Oct 25, 2006

Appellant argues that the photographs did not clearly demonstrate the facts to which Dr. Krouse was testifying. Dr. … Cowan was qualified to testify. Appellant contends that Dr. Cowan was not qualified to testify on what someone believed would happen if they saw an assault.

Warner Bros. Entm't, Inc. v. Jones

538 S.W.3d 781 · Court of Appeals of Texas · Dec 21, 2017

The Act is to "be construed liberally to effectuate its purpose and intent fully," but it "does not abrogate or lessen any other defense, remedy, immunity, or privilege available under other constitutional, statutory, case … We conclude the trial court did not abuse its discretion by determining that this experience qualifies Serrat as an expert and provides a reliable foundation for his opinions.

Rivas, Gerardo Tomas

Court of Appeals of Texas · Jul 23, 2015

of clearly established FEDERAL LAW as determined by said SUPREME COURT. … The MANDAMUS, attached at pgs. 2- 7, clearly establish that THE JUDICIAL SYSTEM, complained of herein, first, HAD NO BUSINESS ISSUING A WARRANT AND THE MATERIAL )JRESENTED WAS CLEARLY MISLEADING AS "DOG SNIFF WAS USED AS

Bertotti v. CE SHEPHERED CO., INC.

752 S.W.2d 648 · Court of Appeals of Texas · May 26, 1988

The data compiled and applied by Shepherd qualifies as trade secrets. As sales manager, Bertotti was privy to trade secrets and confidential information in order to sell the company’s products. … Clearly, Bertotti gained all of his knowledge about the wire product market while at Shepherd. Unfair use of this knowledge will damage Shepherd.