McMahan v. Musgrave

On Motion for Rehearing.

In deference to appellant’s able motion for rehearing, we have again examined the questions presented. Appellant contends that we erred in holding reversible error was not shown relative to (1) the admission of Musgrave’s testimony as to the repair of his automobile and its cost and (2) in the submission of issue 18. We adhere to our original opinion that submission of said issue, over the objection made, was not reversible error. Point One is that we should reverse the judgment because (a) Musgrave was permitted to testify that the charge of $310 for repairing his' automobile was reasonable and (b) because Musgrave was permitted to introduce the repair bill. The repair bill is not in the record. We are not informed as to its contents. It could not be seriously contended, under such circumstances, that it is shown that appellant was injured by introduction of the bill. Bill of exception one does not show that the court erred in permitting appellee to testify that $310 was a reasonable charge for the repairs. There is no statement of facts. Said bill shows that appellant objected to such testimony on the ground that Musgrave was not shown to be qualified to so testify and that he had not qualified as an expert or as a person familiar with the cost of repairs. The court does not certify that, as a matter of fact, there was no testimony showing that appellee was- qualified to so testify. The bill does not disclose reversible error be*899cause it does not show that said grounds of objections were, in fact, true. It is required, where such a point is presented by a bill of exception, that the bill show, as a fact, that. there was no evidence showing the qualification of said witness to so testify. It is not sufficient merely to show that such an objection was made. Terrell v. McCown, 91 Tex. 231, 43 S.W. 2; Ward v. Cameron, 97 Tex. 466, 472, 80 S.W. 69; Clark v. State, Tex.Civ.App., 189 S.W. 84, 85; Gause-Ware Funeral Home v. McGinley, Tex.Civ.App., 41 S.W.2d 433, 434, Writ.Ref.; Jackson v. Steele, Tex.Com.App., 57 S.W.2d 95, 97.

The motion for rehearing is overruled.