Legal Opinion · Dissent

McFarlin v. Taylor

Court of Appeals of Texas

Decided October 2, 1967No. 7739Published

1DissentChapman, Justice

I regret that I am unable to agree with the above holding to the effect there is not any probative evidence to support the trial court’s implied finding by a preponderance of the evidence that an act or omission of negligence occurred in the county where suit was filed; that such act or omission was that of the defendant; and that such negligence was a proximate cause of the injuries resulting in the death of appellee’s husband.

Since the opinion reversed the case on the no-evidence point alone, it appears the court has completely disregarded the inferences that must be indulged in favor of…

2Cases cited13 opinions

  1. In Re King's EstateTexas Supreme Court · 1951
  2. Renfro Drug Co. v. LewisTexas Supreme Court · 1950
  3. Cartwright v. CanodeTexas Supreme Court · 1914
  4. Banks v. CollinsTexas Supreme Court · 1953
  5. Wininger v. Ft. Worth & Denver City Railway Co.Texas Supreme Court · 1912

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