JOHNSON v. HOUSTON FIRE & CAS. INS. CO.

No. 5074.

275 S.W.2d 140 (1954)

L. C. JOHNSON, Appellant, v. HOUSTON FIRE & CASUALTY INSURANCE COMPANY, Appellee.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied January 12, 1955.


Attorney(s) appearing for the Case

John K. Ford, Gene Bridges, W. W. Kilgore, Midland, for appellant.

B. F. Campbell, W. B. David, Fort Worth, McDonald & Shafer, Odessa, for appellee.


McGILL, Justice.

This is a workman's compensation case in which appellant was the plaintiff and appellee the insurance carrier. Trial was to a jury. The case was submitted on special issues. The jury found that the average weekly wage of plaintiff which would be just and fair to both plaintiff and defendant was $90. The court disregarded the jury findings to effect that there was not another employee of the same class as plaintiff, working substantially the whole...

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