Masten v. . Texas Co.

We think the question to be decided in this action is set forth in plaintiffs’ brief, as follows: “After an appellate court of the highest jurisdiction has passed upon a given statement of facts and found that a plaintiff is entitled to go to the jury on those facts, and no rehearing is requested, can the defendant again raise the question of the sufficiency of the evidence on almost identically the same evidence upon a second appeal, after the court has directed that that evidence he submitted to the jury?” We think not.

This case was here at the Fall Term, 1927, and the decision is reported…