Stark v. R. B. George MacHinery Co.

On Motion for Rehearing.

The defendant in error, R. B. George Machinery Company, presents a vigorous motion for a rehearing based principally upon the contention that inasmuch as the court’s special issue No. 1, which we held to be unsupported by the evidence, was an issue requested by the plaintiff in error Stark, he is estopped and precluded from contending that the evidence failed to sustain the answer of the jury to the issue. The following cases are in accord with this contention: Poindexter v. Receivers of Kirby Lumber Company, 101 Tex. 322, 107 S. W. 42; Sanford v. Nueces River Valley…