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HARDWARE MUTUAL CASUALTY COMPANY v. HICKS

No. 7296.

344 S.W.2d 907 (1961)

HARDWARE MUTUAL CASUALTY COMPANY, Appellant. v. Ernest HICKS, Appellee.

Court of Civil Appeals of Texas, Texarkana.

March 14, 1961.

Attorney(s) appearing for the Case

Ramey, Brelsford, Hull & Flock, by Donald Carroll, Tyler, for appellant.

Law Offices of Gordon R. Wellborn, Henderson, Howard S. Smith, Sulphur Springs, for appellee.

CHADICK, Chief Justice.

This is a Workmen's Compensation Act case. A judgment was entered upon jury findings awarding the injured workman benefits for total and permanent incapacity. The judgment is affirmed.

On the basis of its construction of the unchallenged testimony of a medical witness, the compensation carrier requested leave to conform the pleadings to the proof by a trial amendment. The tendered amendment...

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