Aetna Casualty & Surety Company v. Charlie E. Mccartney

McCartney has requested in his motion for rehearing that we pass on Aetnas first twelve points of error. They are no evidence points and great weight and preponderance of the evidence points. Aetna asserts there is no evidence to support the jurys answers that McCartneys injury was a producing cause of partial incapacity; that such partial incapacity began on October 13, 1958; that such partial incapacity is permanent; that McCartneys earning capacity after his injury was $50.00 per week. Aetna also asserts that each of such answers is against the great weight and preponderance of the evidence. McCartney has requested that we pass on these points so that if the Supreme Court disagrees with our reversing and remanding this case for a new trial, it will not be necessary to return the case to this court for further action.