Funkhouser v. Missouri-Kansas-Texas Railroad

Appellant has undertaken to appeal with a partial statement of facts. Ap-pellee filed a motion to strike the statement of facts. Appellant did not file his statement of points as a basis for a partial record, under Rule 377(a), Texas Rules Civil Procedure, until the fifty-sixth day after order overruling motion for new trial, on February 23, 1962. He has never ordered any additional portion of the statement of facts. His designation of points shows that he complains that there is no evidence, and alternatively that the findings are against the great weight of the evidence with regard to…