Dallas Railway & Terminal Co. v. Hendrix

On Motion for Rehearing

On motion for rehearing appellee contends that under Rule 434, Texas Rules of Civil Procedure, it was error for us to remand that part of the trial court’s judgment which decreed $391.65 for damages to appellee’s automobile.

Our Supreme Court has already passed on the point adversely to appellee’s contention. Fisher v. Coastal Transport Co., 149 Tex. 224, 230 S.W.2d 522. The casé above cited was a negligence case. The trial court rendered a judgment based on' separate jury findings as to property danr-' age and personal injuries. On appeal it was held that the submission…