Hermann Hospital v. Liberty Life Assurance Co. of Boston

OPINION ON MOTION FOR REHEARING

In its Motion for Rehearing appellant Hermann Hospital contends this court erred in overruling all three of its points of error. Its argument concerning the second point of error requires this additional opinion on motion for rehearing.

In the second point of error appellant says the trial court should have disregarded the jury’s answer to Special Issue No. 1 and rendered judgment for appellant on the remainder of the jury verdict. Its point is based on argument that the evidence proved as a matter of law that Mr. Johnson intended to assign to appellant the…