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WHITENER v. TRADERS AND GENERAL INS. CO.

No. A-5363.

289 S.W.2d 233 (1956)

L. O. WHITENER, Petitioner, v. TRADERS AND GENERAL INS. CO., Respondent.

Supreme Court of Texas.

Rehearing Denied May 2, 1956.

Attorney(s) appearing for the Case

Earl C. Wellborn, Henderson, Fulmer, Fairchild & Barnett, Nacogdoches, for petitioner.

Kenley, Sharp & Ritter and Herbert Boyland, Jr., Longview, for respondent.

CULVER, Justice.

Petitioner, Whitener, sued to set aside an award of the Industrial Accident Board. Judgment in his favor was reversed and remanded by the Court of Civil Appeals for the reason that improper jury argument by petitioner's counsel was calculated to and probably did cause the rendition of an erroneous judgment. Tex.Civ.App., 279 S.W.2d 152.

We are of the opinion, however, that although some, if not all, of the...

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