[DOWNLOAD] "Superior Insurance Company v. Richard J. Griffin" by Eastland No. 3440 Court of Civil Appeals of Texas ~ Book PDF Kindle ePub Free
eBook details
- Title: Superior Insurance Company v. Richard J. Griffin
- Author : Eastland No. 3440 Court of Civil Appeals of Texas
- Release Date : January 17, 1959
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
On Motion for Rehearing In our original opinion we held "that the jury's answer to special issue number 13 was against the
overwhelming weight of evidence"; said portion of our original opinion is withdrawn. In his vigorous motion for rehearing appellee asserts we committed error in finding there was no evidence to support the
jury's answer to special issue number 13. Appellee pleaded facts which would bring him under section 1, Subdivisions 1, 2
and 3 of Article 8309. The appellant's general denial was sufficient to put these matters in issue. Rule 92, Rules of Civil
Procedure. While testifying and attempting to eliminate or establish facts which would bring him under Subdivision 2, he testified
that he knew of a man at O'Donnell who worked the year around at a gin doing the same kind of work that he was doing. As a
party to the suit, his testimony must be construed as binding on him. Southern Surety Co. v. Inabnit, Tex.Civ.App., 1 S.W.2d
412. Appellee had the burden of eliminating Subdivisions 1 and 2 before he was entitled to resort to Subdivision 3. There
was no evidence to support the jury's answer that "another employee had not worked".