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TRAVELERS INSURANCE COMPANY v. DILLARD

No. 20283.

324 F.2d 26 (1963)

The TRAVELERS INSURANCE COMPANY, Appellant, v. Tommy Ray DILLARD, Appellee.

United States Court of Appeals Fifth Circuit.

November 6, 1963.

Attorney(s) appearing for the Case

Max N. Osborn, Thornton Hardie, Jr., Midland, Tex., for appellant, Turpin, Kerr, Smith & Dyer, Midland, Tex., of counsel.

Warren Burnett, Lee Arnett, Odessa, Tex., for appellee.

Before HUTCHESON and BROWN, Circuit Judges, and SIMPSON, District Judge.

PER CURIAM.

Appealing from a judgment on a jury verdict in a Texas Workmen's Compensation case, appellant assigns as error the action of the district judge in submitting, over defendant's objection, Question No. 1, as to whether there was any total incapacity. Insisting:

"The law in Texas is clear and unequivocal as to the meaning of the term `total incapacity', as used in a Workmen's Compensation case. As noted by then Commissioner Hickman in Texas Employers...

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