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TRAVELERS INSURANCE COMPANY v. SMITH

No. 7924.

435 S.W.2d 248 (1968)

The TRAVELERS INSURANCE COMPANY, Appellant, v. Johnnie SMITH, Appellee.

Court of Civil Appeals of Texas, Texarkana.

Rehearing Denied December 3, 1968.

Attorney(s) appearing for the Case

Victor Hlavinka, Atchley, Russell, Hutchinson & Waldrop, Texarkana, for appellant.

Harry Friedman, Harkness, Friedman & Kusin, Texarkana, for appellee.

CHADICK, Chief Justice.

There is uncontradicted evidence that the injured workman, Johnnie Smith, Jr., was injured in the course of his employment. At its minimum the injury produced total disability for a time and by aggravation of pre-existing disease permanent disability of 15%, 10% attributable to pre-existing disease and 5% to the injury. By answer to special issue No. 4, the jury found Johnnie Smith, Jr., to be totally and permanently disabled. The appellant...

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