O'NEIL v. MacK Trucks, Inc.

STEAKLEY, Justice.

We granted writ of error in this ease to settle the question of whether the Court of Civil Appeals may consider an appellant’s argument that his contention has been established conclusively and as a matter of law when the point of error presenting an issue upon which the appellant had the burden of proof is phrased in terms of there being no evidence to support a contrary finding by the trial court. The Court of Civil Appeals here held that it may not. 533 S.W.2d 832. See to the same effect the writing in Prunty v. Post Oak Bank, 493 S.W.2d 645 (Tex.Civ.App.1973, writ ref’d…