Impson v. Structural Metals, Inc.

ON MOTION FOR REHEARING

GREENHILL, Chief Justice.

The motion for rehearing of the Respondents, Structural Metals, Inc., et al., is granted to the extent set out below.

The judgment of this court heretofore entered on July 26, 1972, is set aside. The cause is remanded to the Court of Civil Appeals for that court to pass upon the excessiveness of the verdict. The question of whether the amount of damages awarded in the trial court is excessive is a question of fact over which this court has no jurisdiction. If the Court of Civil Appeals determines that the amount of the verdict is excessive, it shall enter judgment in accordance with the procedure set out in Rule 440, Texas Rules of Civil Procedure. If it determines that the amount of the verdict is not excessive, it shall render a judgment affirming the judgment of the trial court. Pon Lip Chew v. Gilliland, 398 S.W.2d 98 (Tex.1966).