Burke v. Braumiller

On Motion for Rehearing.

[3] We have carefully re-examined the testimony relied on to support the judgment rendered in the court below, and adhere to the conclusion reached when the record was first before us. The statement of the Supreme Court in Williams v. Winslow, 84 Tex. 377, 19 S. W. 516, presents the view we take of the case. “If,” said the Supreme Court, “the record presented simply a conflict in the evidence, this case should be affirmed. But in our opinion it presents more. It presents a case in which the evidence on which the court below rendered judgment for the defendant is intrinsically weak and will not support the judgment.” The motion of appellees for a rehearing is overruled.