(DOWNLOAD) "Mary Ann Dee v. William Parish" by The Texas Court of Criminal Appeals * Book PDF Kindle ePub Free
eBook details
- Title: Mary Ann Dee v. William Parish
- Author : The Texas Court of Criminal Appeals
- Release Date : January 29, 1959
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
The controlling question in this case is whether the jurys answers on which the judgment of the trial court is based are findings of ultimate or merely evidentiary facts. Mary Ann Dee, petitioner, brought the suit by her father and next friend against William Parish, respondent, to recover damages for personal injuries alleged to have been sustained when she was thrown from a horse supplied for her use by respondent. The trial court rendered judgment on the jury verdict in petitioners favor for $2,750.00, but a remittitur of $950.00 was later ordered and filed. This judgment has been reversed and the cause remanded for a new trial, because the Court of Civil Appeals concluded that the finding made in response to Special Issue No. 1 relates to an evidentiary matter and will not support the judgment. 319 S.W.2d 207. We think the trial court was required to enter judgment for petitioner on the verdict, but the cause must be remanded to the Court of Civil Appeals for consideration of her cross-point attacking the remittitur.
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