466 S.W.2d 841 | Tex. App. | 1971
Lead Opinion
This is the second time we have had occasion to consider this appeal. In Dyess v. Connecticut General Life Ins. Co., 454 S.W.2d 860 (1970) we held that there was no evidence to support the answers of the jury that (1) Dyess’ death resulted directly and independently of all other causes from accidental bodily injury; (2) that the death of Dyess did not result directly or indirectly from suicide; and (3) that the death of Dyess did not result directly or indirectly from an intentionally self-inflicted injury. The Supreme Court of Texas granted a writ of error and subsequently decided that there was some legally competent evidence to support the jury’s findings on these issues. Dyess, Petitioner v. Connecticut General Life Ins. Co., Respondent, 463 S.W.2d 724 (1971). The Supreme Court remanded the appeal to this court for our consideration of appellee’s Cross-Points 1, 2 and 3 to the effect that the jury’s answers to the three special issues were contrary to the great weight and preponderance of the evidence and therefore manifestly wrong.
Inasmuch as the facts of this case have been fully stated in our original opinion, as well as the opinion of the Supreme Court, we shall not repeat the same here.
The sole question for our determination is whether, under the record in this case, the evidence pertaining to the three special issues is sufficient to justify the jury’s answers thereto. We have, accordingly, again carefully reviewed and considered the entire statement of facts in this case in accordance with the rule announced by our Supreme Court in In re King’s Estate, 150 Tex. 662, 244 S.W.2d 660 (1951), and also by Chief Justice Rob
Reversed and remanded.
Rehearing
ON MOTION FOR REHEARING
Appellant Mary Ruth Dyess, in her motion for rehearing, complains of the assessment of costs against her. Upon reconsideration we sustain this contention and assess all costs against appellee.
In all other respects the motion for rehearing by appellant is overruled.