City of Austin v. Cook

HUGHES, Justice.

Our opinion reversing and remanding this case is found in 333 S.W.2d 398.

On November 30, 1960, the Supreme Court, by a per curiam opinion, 340 S.W.2d 482, held we erred in ordering a reversal on the ground given and remanded this cause to this Court in order that we might pass upon points not previously considered.

We now overrule the point upon which our reversal was based.

Not considered in our former opinion was appellant’s first point that the Trial Judge commented upon the weight of the evidence in the presence of the jury, and that this was prejudicial error. Complaint of…