Legal Opinion

New St. Anthony Hotel Co. v. Pryor

Court of Appeals of Texas

Decided August 2, 1939No. 10602Published

1Opinion

On Motion for Rehearing.

Appellant contends that the answer to issue No. 2, to the effect that the floor was in a slippery condition due to all causes, is a general finding, while the answer to issue No. 6 to the effect that the floor was in a slippery condition due to the water on the floor, is a special finding; that therefore the general finding should be disregarded and judgment based upon the special finding.

The rule that a special finding is to be given effect over a general finding is well established. Bragg v. Hughes, Tex.Civ.App., 53 S.W.2d 151; Howard v. Howard, Tex.Civ.App., 102…

2Cases cited6 opinions

  1. Howard v. HowardCourt of Appeals of Texas · 1937
  2. Sproles v. RosenTexas Supreme Court · 1935
  3. Bragg v. HughesCourt of Appeals of Texas · 1932
  4. Peeler v. SmithCourt of Appeals of Texas · 1929
  5. Greaber v. Coca-Cola Bottling Works of DallasCourt of Appeals of Texas · 1936

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