WEICHER v. INSURANCE COMPANY OF NORTH AMERICA

No. 16823.

415 S.W.2d 220 (1967)

Ruby Lucille WEICHER, Appellant, v. INSURANCE COMPANY OF NORTH AMERICA, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied May 26, 1967.


Attorney(s) appearing for the Case

Mullinax, Wells, Mauzy, Levy & Richards, and John E. Collins, Dallas, for appellant.

Stone, Tilley, Parker, Snakard, Law & Brown, and Gary Cole, Fort Worth, for appellee.


OPINION

MASSEY, Chief Justice.

Workmen's compensation case. The incapacity for which claim for compensation benefits were prosecuted rested upon alleged "heat exhaustion".

At conclusion of claimant's evidence the trial court granted motion of the defendant insurance company to withdraw the case from the jury and render a "take nothing" judgment.

The only evidence in the record which purported to establish the fact that claimant actually sustained...

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