Mason v. Yellow Cab & Baggage Co.

Mr. Justice Garwood

delivered the opinion of the Court.

The motion for rehearing invites our attention to the fact that the Court of Civil Appeals, in reversing the cause on the appeal of the defendant-respondent, pretermitted disposition of the assignment that the remittitur exacted by the trial court was inadequate to cure the excessiveness of the verdict. We accordingly revoke that portion of our judgment affirming the judgment of the trial court and hereby remand the cause to the Court of Civil Appeals for further proceedings not inconsistent with our main opinion. Otherwise, the motion for rehearing is overruled.

Opinion delivered June 9, 1954.