On Second Motion for Rehearing
In their motion for rehearing appellees assert that if there was error in the way the charge was submitted, defendants failed to preserve it by proper exception to the charge.
Examination of the record convinces us that the defendants, who are appellants in this Court, preserved their objection to the submission of Special Issues Nos. 18 and 19 by proper exceptions to the charge.
Here is one of their several objections to the submission of Special Issue No. 18:
“Defendant further specially objects and excepts to the submission of Special Issue No. 18 for the reason that the issue should be submitted as to the amount of total dmnages suffered by the plaintiffs. Otherwise, it will be impossible for the Court to give this defendant credit for the amount of settlements that he has made with the other people and other defendants in this case who by the uncontradicted testimony shows contributed to the plaintiffs’ total injury.” (Emphasis supplied.)
An objection in identical language was made to Special Issue No. 19. We think that Issues 18 and 19 should have been submitted as to the entire damages suffered by the plaintiffs, as we have stated in our original opinion, and the objections of the appellants seem to us directly to point out the error in the way the two issues were submitted.
Appellees’ second motion for rehearing is overruled.