The Texas Supreme Court held that the Court of Appeals erred in treating statutory violations of intoxication and speed limits as negligence per se and in failing to apply the correct standard for factual insufficiency points, while finding the exclusion of marital‑discord evidence harmless and rejecting unpreserved…
Texas Supreme Court, 1986
Published opinions from 1986. The case name opens the case page.
1986 opinions
TexasJames Cain, D/b/a James Cain Company, Petitioners v. James Lee Bain, Respondents
February 12, 198629 Tex. Sup. Ct. J. 214
The court held that the court of appeals used an improper standard when reviewing the jury’s finding that the Bains had notice of the foundation defect. It reversed that portion of the court of appeals’ judgment and remanded for review of the insufficiency points under the proper factual-sufficiency test, while…