Wendell v. Central Power and Light Co.

I respectfully dissent. For the reasons hereinafter stated, I am of the opinion that the trial amendment should have been allowed and that the jury should have been allowed to answer appellant’s requested special issues concerning such trial amendment. I would reverse and remand.

Appellants, by their first point of error, complain of the trial court’s refusal to permit a trial amendment and the submission of related special issues. Appellant asserts that the issues were tried by consent and that a trial amendment should have been allowed to conform the pleadings to the proof under TEX.R.CIV.P.…