Case law

East Texas Motor Freight Lines, Inc. v. Neal

443 S.W.2d 318 · Court of Appeals of Texas · Jun 17, 1969

Ogletree, a highly qualified registered professional engineer, who was an expert in accident reconstruction. … There was no qualifying testimony elicited from Kirkpatrick to establish that he was trained in any technical or scientific field requiring knowledge and experience in calculus, trigonometry, metallurgy, algebra, geometry

Housing Authority of Harlingen v. State Ex Rel. Velasquez

539 S.W.2d 911 · Court of Appeals of Texas · Jun 30, 1976

At the time the present suit was instituted, the Housing Authority, a non-profit body, owned and operated several low-rental public housing units for use by qualified low income persons in the Harlingen area. … arbitrary and unreasonable is attacked in the third and fourth points of error on the grounds of “no evidence” and “so against the overwhelming weight and preponderance of the evi *916 dence adduced at the trial as to be clearly

Cleveland v. Edwards

494 S.W.2d 578 · Court of Appeals of Texas · May 2, 1973

Bourdon, 148 Tex. 1 , 219 S.W.2d 779 (1949) in which it was clearly established that in medical malpractice cases it is required that the plaintiff establish by proof from a doctor of the same school of practice as the defendant … He was fully qualified to give the expert opinion required by Bowles v. Bourdon, supra. The record reveals that following a fit of coughing plaintiff suffered a tearing or disruption of the surgical wound.

Jordan v. Overstreet

352 S.W.2d 296 · Court of Appeals of Texas · Oct 26, 1961

The order then declared a *299 majority of the qualified voters of said district voted for consolidation. … The detailed records of the election officials as pointed out next above clearly reflected that 266 votes were cast.

Warren v. Robinson

32 S.W.2d 871 · Court of Appeals of Texas · Nov 12, 1930

the ground that the law under which the election was held was void, or that it did not authorize such an election as was held; but the. contest must be based upon some ground or grounds provided in the statutes tending to establish … The law does not render poll tax receipts paid by others than the voters invalid, and the qualified voter has the right to vote regardless of how he may have obtained the receipt, if he was qualified under the law to obtain

Scheele v. Murk

121 S.W.3d 1 · Court of Appeals of Texas · Feb 7, 2001

Immunity Defense The Scheeles originally sued several defendants in addition to the doctors. … Brian maintains that this evidence clearly establishes that Dr. Flangas had a duty to recommend the surgery and that his failure to do so caused his injury.

City of Seven Points v. Anderson

805 S.W.2d 794 · Court of Appeals of Texas · Jan 11, 1990

City of Houston, 406 S.W.2d 176, 182-183 (Tex.1966), .our Supreme Court clearly enunciated the law controlling the granting of writs of mandamus by a trial court against public officers. … shown as to establish the fact that in performing the act complained of the [officer] acted wholly through fraud, caprice, or by a purely arbitrary decision, and without reason.

Teague v. State

628 S.W.2d 240 · Court of Appeals of Texas · Feb 10, 1982

We decline to discuss this point except to say that the uncontroverted testimony of Ronnie Joe Hicks clearly establishes that the injury he claims to have suffered resulted from the contact of his body with appellant’s automobile … The evidence clearly establishes a flight from a theft or attempted theft. The ground of error is without merit and therefore overruled.

Woldert v. Arledge

11 Tex. Civ. App. 484 · Court of Appeals of Texas · Nov 20, 1895

But if, on the other hand, the evidence on part of plaintiff clearly establishes that a usage among dealers in meat in the market of Kansas City did obtain, and that usage in the absence of explanation by the purchaser of … This motion should have been sustained, as to the testimony of the de *487 fendant, as he certainly did not qualify himself to give testimony upon the subject. Delivered November 20, 1895.

Ætna Life Ins. Co. v. Gilley

12 S.W.2d 821 · Court of Appeals of Texas · Dec 7, 1928

These authorities clearly establish the-law to be that a minor whose employment is-illegal and punishable by the Criminal Statutes cannot be said-to be an employee under-the Workmen’s Compensation Act. … The undisputed evidence establishes that they were so used. The undisputed evidence likewise establishes the fact that the boy’s work had to do only with the construction of this said highway.

Brackenridge v. State

27 Tex. Ct. App. 513 · Court of Appeals of Texas · May 8, 1889

oath that he was qualified as true. … We must therefore hold that the facts set forth in said motion in relation to said ground, and which we have substantially recited, were established by the affidavits accompanying said motion.

Hatch v. Kubena

190 S.W.2d 175 · Court of Appeals of Texas · Oct 24, 1945

Clearly we think they were not. Appellees in addition to other pleas, by cross-action affirmatively asserted title to the land solely under the tax judgment. The court so decreed. … This amount was not found by the court, nor definitely established by the evidence.

Roberson v. Factor

583 S.W.2d 818 · Court of Appeals of Texas · May 21, 1979

We disagree because the testimony of the medical witnesses establishes that the cause of plaintiff’s condition is unknown. … The testimony was objected to on the grounds that the witness was not qualified. Whether a witness qualifies as an expert is a matter of judicial discretion. Standard Motor Co. v. Blood, 380 S.W.2d 651, 653 (Tex.Civ.App.

State v. Williams

357 S.W.2d 799 · Court of Appeals of Texas · May 8, 1962

The objection made shows quite clearly that at the time the evidence was offered the State opposed it on the ground that the witness was not qualified to answer the question. … Griffin, was established. The third witness, Mr. Covy Williams, as landowner, was qualified to express an opinion on value, though his qualification as an expert on land values generally was not shown.

Hudson v. Fuson

15 S.W.2d 166 · Court of Appeals of Texas · Jan 9, 1929

But a witness qualified under the law may state his opinion on the sanity or insanity of a testator, although it is a conclusion, because it is based on facts known to the witness. … Article 3716, Revised Civil Statutes, is given a strict construction, and will not be extended to evidence which is not clearly within its meaning. Olschewske v. Priester et ux. (Tex. Com. App.) 276 S.

Tidrow v. State

916 S.W.2d 623 · Court of Appeals of Texas · Feb 1, 1996

Point of error number five is that a photograph of the victim’s skull was so gruesome that its prejudicial effect clearly outweighed its probative value. … Tidrow did not establish that the pre-trial publicity permeated the community to such an extent that the venirepersons’ initial opinions, if any, could not be set aside, and he has not established that the pre-trial publicity

Guerra v. Ramirez

364 S.W.2d 720 · Court of Appeals of Texas · Jan 30, 1963

The qualifications of the remainder of the rejected voters were sought to be established by relatives and acquaintances of the voters. … The “mutilated” ballots were examined by the trial court, who determined that the intention of the voter was clearly indicated on all sixteen of these challenged ballots.

Mouton v. State

892 S.W.2d 234 · Court of Appeals of Texas · Jan 25, 1995

She hasn’t been qualified and— The Court: Sustained. You have to qualify the witness. [The State]: Yes, sir. *236 Q. (State) Mrs. Deason, could you explain your training? A. … In the instant case, the testimony clearly reflects that each element of a completed theft was proven.

Tyler v. Cook

573 S.W.2d 567 · Court of Appeals of Texas · Oct 11, 1978

It would appear that a qualified voter living in a rural county not having a street address nor a rural route address would not be qualified to sign a petition under Art. 13.08(d). … We hold that the respondents’ application substantially complied with the Code, and their right to appear on the ballot has been established. The writ of mandamus is denied. .

University Christian Church v. City of Austin

789 S.W.2d 361 · Court of Appeals of Texas · May 23, 1990

In reversing the judgment for factual insufficiency, we must detail the evidence relevant to the issue under consideration and clearly state why the jury’s finding is manifestly unjust, shocks the conscience, or clearly demonstrates … The Supreme Court recognized that a parking lot may qualify as a place of religious worship, and the jury found that these lots were reasonably necessary for religious worship. 768 S.W.2d at 720 .