Tippett v. Brannon, B--3699

Decision Date07 March 1973
Docket NumberNo. B--3699,B--3699
Citation493 S.W.2d 511
PartiesC. L. TIPPETT et al., Petitioners, v. Charlene BRANNON et vir, Respondent.
CourtTexas Supreme Court

Smead, Roberts, Harbour, Smith, Harris & French, John M. Smith, Longview, for petitioners.

Welby K. Parish, Gilmer, for respondent.

ON MOTION FOR REHEARING

PER CURIAM.

Viewing the opinion of the Court of Civil Appeals as a whole, its language in context, and its judgment that the cause should be remanded for trial, it appears to us that the holding of the Court of Civil Appeals is that the findings of the jury are against the great weight and preponderance of the evidence.This conclusion is strengthened by the concurring opinion which states that the concurring justice wanted to make it clear that he did not join in passing upon the weight and preponderance questions.485 S.W.2d 819 at page 823.

This Court does not have jurisdiction to pass upon the fact questions of...

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10 cases
  • White v. State
    • United States
    • Texas Court of Criminal Appeals
    • December 12, 1979
    ...Funeral Home v. Rollin, 314 S.W.2d 277 (Tex.1958); City of Ingleside v. Johnson, 537 S.W.2d 145 (Tex.Civ.App.1976); Typpett v. Brannon, 493 S.W.2d 511 (Tex.1973). After an examination of the constitutional and statutory provisions relating to the jurisdiction of the Court of Criminal Appeal......
  • Cropper v. Caterpillar Tractor Co.
    • United States
    • Texas Supreme Court
    • May 25, 1988
    ...of that court is that the "non-finding" of the jury is against the great weight and preponderance of the evidence. Tippett v. Brannon, 493 S.W.2d 511 (Tex.1973). To the extent that the above quoted language could be viewed as settling the issue of Cropper's contributory negligence, we disap......
  • Cain v. State
    • United States
    • Texas Court of Criminal Appeals
    • December 18, 1997
    ...(Tex.1987); Pool v. Ford Motor Co., 715 S.W.2d 629 (Tex.1986); Harmon v. Sohio Pipeline Co., 623 S.W.2d 314 (Tex.1981); Tippett v. Brannon, 493 S.W.2d 511 (Tex.1973).8 "To conduct this evaluation, we review all of the evidence impartially and set aside the verdict only if it is so contrary ......
  • City of Ingleside v. Johnson, 1123
    • United States
    • Texas Court of Appeals
    • May 20, 1976
    ...have exclusive jurisdiction on assignments of error which tests the weight and sufficiency of the evidence. Art. 1820; Tippett v. Brannon, 493 S.W.2d 511 (Tex.Sup.1973). The City of Ingleside in its sworn application for leave to file, states that in its appeal from the judgment of the tria......
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