Gentry v. Southern Pacific Company , 1969 Tex. App. LEXIS 2015 ( 1969 )

NYE, Justice

(dissenting).

I respectfully dissent. The appellant’s no evidence point is governed by the rule that requires the appellate courts to view the evidence in the most favorable light to the appealing party; to consider only evidence and inferences which support the findings of the jury; and to reject all the evidence and inferences which are contrary to such findings. In re King’s Estate, 150 Tex. 662, 244 S.W.2d 660 (1951) ; Calvert’s “No Evidence” and “Insufficient Evidence” Points of Error, 38 Texas Law Review 361. Applying this rule then, to all of the direct and circumstantial evidence contained in the record, I would uphold the jury’s findings on the discovered peril issues.