Texas Supreme Court

Gulf, Colorado and Santa Fe Railway Company v. Earl R. Deen

May 7, 1958158 Tex. 466

Summary

The Texas Supreme Court held that the Court of Civil Appeals erred in concluding that the United States Supreme Court's reversal barred it from independently evaluating the weight and preponderance of the evidence. Accordingly, the appellate court's judgment was reversed and the case remanded with instructions to decide that factual issue and to either affirm the trial court judgment or grant a new trial. The Court also affirmed the appellate court's authority to order a remittitur of damages. The decision resolves the jurisdictional dispute while leaving the merits for further determination.