City of Houston v. Chapman

CODY, Justice.

This is the second appeal of this cause. On the former appeal it was made to appear that when the plaintiff below, Chapman, had rested, the Court, upon a motion which was made by. defendants before they had introduced any evidence in support of the defense which they had pled, granted them an instructed verdict, and rendered judgment for defendants; upon appeal the Court of Civil Appeals, finding that plaintiff had made out a prima facie case, reversed the judgment of the trial court, but, instead of remanding the cause for a new trial to afford defendants an opportunity to…