POTOMAC INSURANCE COMPANY v. MILLIGAN

No. 16101.

335 S.W.2d 648 (1960)

POTOMAC INSURANCE COMPANY, Appellant, v. Willie MILLIGAN, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied June 3, 1960.


Attorney(s) appearing for the Case

Jackson, Walker, Winstead, Cantwell & Miller, and W. B. Patterson, Dallas, for appellant.

Kouri & Banner, and Jack G. Banner, Wichita Falls, for appellee.


RENFRO, Justice.

This is an appeal by defendant from a total and permanent disability judgment.

The controlling question is whether the court erred in denying defendant's motion for continuance after plaintiff filed a trial amendment.

Plaintiff went to trial on the following plea:

"Plaintiff, while working for said employer, West Texas Rendering Plant, on or about December 22, 1958, was loading a...

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