Hernandez v. Montgomery Ward & Co.

I respectfully dissent.

I would affirm the court of appeals’ holding that Montgomery Ward’s objection to special issue number one was preserved. However, I believe that special issue number one, as submitted, was correct and the court of appeals should not have reversed on this ground. Unfortunately, Ms. Hernandez failed to assign this part of the court of appeals’ decision as error. Had she *926preserved error on this point, I would concur with the result reached by the majority.

The history of Rule 272 of the Texas Rules of Civil Procedure, evidences periodic liberalizing changes. Prior to 1941…