Texas Supreme Court

Anthony Paul Cropper, Petitioner v. Caterpillar Tractor Company, Respondent

May 25, 198831 Tex. Sup. Ct. J. 459

Summary

The Texas Supreme Court held that courts of appeals may review a jury's failure to find on a factual issue under the great weight and preponderance of the evidence standard and that such review does not violate the constitutional right to a jury trial; it reversed the Court of Appeals and remanded for further consideration. Justice Robertson dissented, arguing that appellate review of non‑findings infringes the jury right.