(DOWNLOAD) "Houston Fire & Casualty Insurance Company Et Al v. Harley R. Walker" by The Supreme Court of Texas # Book PDF Kindle ePub Free
eBook details
- Title: Houston Fire & Casualty Insurance Company Et Al v. Harley R. Walker
- Author : The Supreme Court of Texas
- Release Date : January 17, 1953
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
Under our view the controlling question in this case is one of procedure, and our statement will be confined to the portions of the record relating to that question. The respondent, Harley R. Walker, sued petitioners, a number of insurance companies, upon builders risk insurance policies to recover damages for injury to a concrete dam allegedly caused by lightning. Upon the answers of the jury to special issues the trial court rendered judgment that respondent take nothing. From that judgment he prosecuted an appeal to the Court of Civil Appeals upon the transcript alone, resting his case on the theory that a statement of facts was unnecessary for a decision of the case on appeal. The petitioners caused a statement of facts to be prepared and upon motion made by them the Court of Civil Appeals entered an order granting them leave to file same. That order was later rescinded, with the result that the case was decided by the Court of Civil Appeals upon the transcript alone and it comes to this court without any statement of facts. It was the conclusion of the Court of Civil Appeals that under the verdict respondent was entitled to judgment as a matter of law and upon that ground it reformed the policies and rendered judgment in respondents favor for the amount of damages assessed by the jury. 254 S.W.2d 429.