ON MOTION FOR REHEARING
HAMILTON, Justice.The motion for rehearing is granted.
On motion for rehearing it has been pointed out to us that respondent had assigned as a point of error before the Court of Civil Appeals that the jury’s answer to Special Issue No. I was against the great weight and preponderance of the evidence. The holding by the Court of Civil Appeals that there was no evidence to support the jury’s finding to Special Issue No. I encompasses a holding that said finding was against the great weight and preponderance of the evidence. This being a fact issue, we are without jurisdiction to pass upon this matter. Therefore, under the authority of Barker v. Coastal Builders, 153 Tex. 540, 271 S.W.2d 798 (1954), we modify our judgment to the extent that we remand the case to the trial court rather than affirm the judgment of the trial court. It is so ordered.