Morris v. Rousos

2 Citing cases

  1. City of San Antonio's Firemen's & Policemen's Civil Service Commission v. Villanueva

    630 S.W.2d 661 (Tex. App. 1982)   Cited 3 times

    While appellant is correct in this assertion, it should be noted that this presumption exists only where there is no evidence to the contrary. See Morris v. Rousos, 397 S.W.2d 504, 506 (Tex.Civ.App.-Austin 1965, writ ref'd n.r.e.); Glen Falls Insurance Co. v. Peters, 379 S.W.2d 946 (Tex.Civ.App.-Fort Worth 1964, no writ). Appellant recognizes that appellee's evidence of non-notification negated the presumption of notification but relies upon Crow v. City of San Antonio, 294 S.W.2d 899 (Tex.Civ.App.-San Antonio 1956) rev'd on other grounds, 157 Tex. 250, 301 S.W.2d 628 (1957), for the proposition that "the evidence upon which it (the presumption) was based does not disappear, the evidence remains to be weighed by the trier of facts . . . ." Id. at 901-02.

  2. Henson v. Tom

    473 S.W.2d 258 (Tex. Civ. App. 1971)   Cited 2 times

    It seems, as a matter of law, that in this case the Defendant was entitled to a directed verdict. Morris v. Rousos, Tex.Civ.App., (1965), 397 S.W.2d 504, w.r., n.r.e. In the Morris case, the motion for summary judgment was granted.