JOHNSON v. AMERICAN GEN. INS. CO.

No. B-2312.

464 S.W.2d 83 (1971)

Wilbur V. JOHNSON, Petitioner, v. AMERICAN GENERAL INSURANCE COMPANY, Respondent.

Supreme Court of Texas.

As Modified on Rehearing February 24, 1971.


Attorney(s) appearing for the Case

Mike Willatt, Houston, for petitioner.

Vinson, Elkins, Searls & Connally, Louis E. McCarter, Houston, for respondent.


GREENHILL, Justice.

The only question in this workmen's compensation suit is whether there is a fatal variance between the claim presented to the Industrial Accident Board and that presented in court. The trial court held that there was not; and based upon the jury's verdict, the workman recovered for permanent partial disability. The Court of Civil Appeals reversed. It rendered judgment that the plaintiff workman take nothing on the ground that the trial court should...

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