J. F. Bardwell v. T. L. Anderson

On Appellee's Second Motion for Rehearing Appellee has filed his second motion for rehearing, reasserting his position that
we should have reversed and remanded this cause so as to allow him to file his motion for new trial asserting the jury's answers
which found two of Mrs. Anderson's acts of negligence to be proximate causes of the collision were against the overwhelming
weight and preponderance of the evidence. He insists that he has the right to have the trial court pass on this and that we
should only exercise appellate review on the matter since the case was tried before Rule 324, T.R.C.P., as amended became
effective. We have completely re-examined the question but are unable to reach the conclusion contended for by appellee.