Beck v. Royal Crown Bottling Company

On Motion for Rehearing

On reconsideration, in response to appellant’s motion for rehearing, we conclude that the answers made by the jury to Special Issue No. 1 and Special Issue No. 5 are so contrary to the great weight and preponderance of the evidence as to be clearly wrong.

Special Issue No. 1 reads: “Do you find from a preponderance of the evidence that the Royal Crown Bottle was in a defective condition at the time it was delivered to the premises of the plaintiff?” The jury answered this issue “We do not.” A careful review of the record convinces us that the only evidence concerning the…