Morreale v. Cohen

Upon evidence which in all material respects is closely analogous to that shown by the record in the present case, it was held in Welch v. Ada Oil Co., Texas Civ. App., 302 S.W. 2d 175 (wr. ref. n.r.e.), that the trial court properly refused to submit issues of discovered peril. We approve that holding and do not agree with the contrary conclusion reached by the Court of Civil Appeals in the present case. 308 S.W. 2d 63. It appears, however, that respondents’ points attacking the verdict as against the overwhelming preponderance of the evidence were also sustained. Since the latter ruling is…