Zapalac v. Travelers Ins. Co.

On Motion for Rehearing.

GRISSOM, Justice.

As shown by the original opinion of this court affirming the judgment of the district court, distinguished counsel for appellant, at the time this cause was submitted on oral argument, was of the opinion that if the motion for rehearing then pending in the Supreme Court in the case of Lincoln Nat. Life Ins. Co. v. Anderson, 80 S.W.(2d) 294, should be overruled, then we should affirm this case. Such motion for rehearing was overruled [see (Tex. Com. App.) 81 S.W.(2d) 1112], and we affirmed this case. Since that time counsel has changed his mind, as he…