CONSOLIDATED CASUALTY INSURANCE COMPANY v. SMITH

No. 13130.

309 S.W.2d 80 (1958)

CONSOLIDATED CASUALTY INSURANCE COMPANY, Appellant, v. Emmett F. SMITH, Appellee.

Court of Civil Appeals of Texas, Houston.

Rehearing Denied January 30, 1958.


Attorney(s) appearing for the Case

Frank G. Harmon, Paul W. Persons, Houston, Baker, Botts, Andrews & Shepherd, Houston, of counsel, for appellant.

Dixie, Ryan & Schulman, Smith & Lehmann, M. A. Lehmann, Houston, for appellee.


BELL, Chief Justice.

Appellee, as plaintiff, brought this suit to recover compensation for permanent partial disability alleged to have resulted from an injury received by him as an employee of the Sinclair Refining Company.

This is the second appeal of this case. On the first trial the trial court instructed a verdict against appellee on the theory that since he had returned to work he had earned more weekly wages than previous to his injury and, therefore...

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