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CROPPER v. CATERPILLAR TRACTOR CO.

No. C-6076.

754 S.W.2d 646 (1988)

Anthony Paul CROPPER, Petitioner, v. CATERPILLAR TRACTOR COMPANY, Respondent.

Supreme Court of Texas.

Rehearing Denied July 13, 1988.

Attorney(s) appearing for the Case

Russell H. McMains, McMains & Constant, Corpus Christi, Pat Maloney, Law Offices of Pat Maloney, San Antonio, for petitioner.

David S. Kidder, Eugene W. Brees, II and Debora Beck McWilliams, Thompson & Knight, William Powers, Jr., Austin, for respondent.

WALLACE, Justice.

In this personal injury action, we decide whether a court of appeals has the authority to remand a cause for a new trial when it concludes that a jury's failure to find in favor of a party on a particular issue is "against the great weight and preponderance of the evidence." We hold that a court of appeals has the authority to review a "failure to find" in the same manner in which it may review a jury's findings. TEX. CONST., art. V, § 6. We...

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