Morreale v. Cohen
This text of 310 S.W.2d 737 (Morreale v. Cohen) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Upon evidence which in all material respects is closely analogous to that shown by the record in the present case, it was held in Welch v. Ada Oil Co., Texas Civ. App., 302 S.W. 2d 175 (wr. ref. n.r.e.), that the trial court properly refused to submit issues of discovered peril. We approve that holding and do not agree with the contrary conclusion reached by the Court of Civil Appeals in the present case. 308 S.W. 2d 63. It appears, however, that respondents’ points attacking the verdict as against the overwhelming preponderance of the evidence were also sustained. Since the latter ruling is not subject to review here and the case must be retired in any event, the application for writ of error is refused, no reversible error. We can express no opinion, of course, as to whether the discovered peril issues will be raised by the evidence on the second trial.
Opinion delivered February 26, 1958.
Rehearing overruled March 26, 1958.
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Cite This Page — Counsel Stack
310 S.W.2d 737, 158 Tex. 291, 1 Tex. Sup. Ct. J. 272, 1958 Tex. LEXIS 604, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morreale-v-cohen-tex-1958.