MOBILE PIPE LINE COMPANY v. Goodwin ( 1973 )

ON MOTIONS FOR REHEARING

We overrule the motion for rehearing filed by the appellant.

We grant the motion for rehearing filed as to appellees W. J. Goodwin, Jr., and Mrs. Wanda Hard.

We withdraw our order of remittitur as to the two named appellees and order stricken the remittitur which they filed in response to our opinion dated December 21, 1972.

We now overrule the appellant’s points of error directed to the damage issues and findings concerning W. J. Goodwin, Jr. and Mrs. Hard.

A defendant cannot complain of the manner in which a verdict in a wrongful death action was apportioned among the plaintiffs where the facts justified the submission of the issue as to whether each of the plaintiffs had suffered a loss. International & G. N. R. Co. v. Munn, 46 Tex.Civ.App. 276, 102 S.W. 442 (1907, writ ref.); 17 Tex.Jur.2d 591, Death by Wrongful Act § 45.

We affirm the judgment of the trial court.