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

Summary

The Texas Supreme Court held that courts of appeals may review a jury's failure to find a fact (a "non‑finding") against the great weight and preponderance of the evidence and that such review does not violate the constitutional right to a trial by jury. Applying that principle, the Court reversed the Court of Appeals' judgment and remanded for further consideration. Justice Robertson dissented, arguing that appellate review of non‑findings infringes the jury right.