Pinson v. Dreymala

On Appellees’ Motion for Rehearing.

We remain of the view that the evidence will not sustain the damages found by the trial court.

In their motion for rehearing ap-pellees have asked that if we should remain of the view that there was no proof supporting the damages as found by the trial court, we remand the case only on the damage issue. The damage issue is a part of the cause of action asserted and in this kind of case it is held that the cause of action should not be tried piecemeal. There may not be a severance of a part of the cause of action for trial separately from the whole cause. Texas Employers’ Ins. Ass’n v. Lightfoot, 139 Tex. 304, 162 S.W.2d 929; Fisher v. Coastal Transport Co., 149 Tex. 224, 230 S.W.2d 522; Waples-Platter Co. v. Commercial Standard Ins. Co., Tex., 294 S.W.2d 375; Iley v. Hughes, District Judge, Tex., 311 S.W.2d 648.

Appellees’ motion for rehearing is overruled.