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HARDWARE MUTUAL CASUALTY CO. v. COURTNEY

No. A-8843.

363 S.W.2d 427 (1963)

HARDWARE MUTUAL CASUALTY CO., Petitioner, v. Claudine COURTNEY et vir, Respondents.

Supreme Court of Texas.

January 9, 1963.

Attorney(s) appearing for the Case

Taylor & Tyler, Austin, for petitioner.

Byrd & Davis, Austin, for respondents.

GREENHILL, Justice.

This is a workmen's compensation case. The question is whether the trial court acted correctly in instructing counsel for the insurer not to mention to the jury that the injured employee ever refused to submit to a myelogram or surgery or that an operation might cure or benefit her condition. The answer to this question depends upon whether the insurer properly demanded or tendered an operation and whether it admitted liability in such a way as...

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