M. v. Watson v. E. O. Prewitt

[ 2 Tex. Sup. J. Page 305] The Court of Civil Appeals sustained a point of error presented in that court by E. O. Prewitt, respondent here and appellant
there, that the verdict of the jury and judgment of the trial court were so contrary to the great weight and preponderance
of the evidence as to be manifestly unjust. 317 S.W.2d 954. In doing so the Court of Civil Appeals acted under the rule of
law which, as it stated it, imposed upon it the duty to weigh and consider the evidence "which supports the verdict and that
which does not, and to set aside the judgment and remand the case if after such consideration we conclude the verdict is so
contrary to the overwhelming weight of all the evidence as to be manifestly unjust, regardless of whether there is some evidence
to support it." 317 S.W.2d 958.