Alvey v. Goforth

Perhaps what we have said in the last paragraph of the opinion could be misconstrued. Of course, if there is any evidence of probative force or value raising the affirmative of a material issue in a trial, such evidence supports the submission of a special issue thereupon in the charge of the court, even though an answer in the affirmative made thereto by the jury would have to be set aside and a new trial granted because against the great weight and preponderance of the other evidence thereupon.