Summary
clarifying that our refusal of the writ of error should not be "understood as approving the holding of the court of civil appeals ... that rendering judgment upon a jury verdict which contains conflicting answers constitutes fundamental error"
Summary of this case from USAA Tex. Lloyds Co. v. MenchacaOpinion
No. B-3415.
October 4, 1972.
Appeal from the 137 District Court, Lubbock County, Robert C. Wright, J.
Short Helton, R. M. Helton, Wichita Falls, for petitioners.
Nelson, McCleskey, Harriger Brazill, Harold O. Harriger, Crenshaw, Dupree Milam, J. Orville Smith, Lubbock, for respondent.
In refusing the application for writ of error, no reversible error, we do not wish to be understood as approving the holding of the court of civil appeals, 479 S.W.2d 95, that rendering judgment upon a jury verdict which contains conflicting answers constitutes fundamental error.