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CAVAZOS v. FID. & CAS. CO. OF NEW YORK

No. 1508.

590 S.W.2d 173 (1979)

Marcelino B. CAVAZOS, Appellant, v. The FIDELITY & CASUALTY COMPANY OF NEW YORK, Appellee.

Court of Civil Appeals of Texas, Corpus Christi.

October 18, 1979.

Attorney(s) appearing for the Case

Roy C. Turcotte, Brownsville, for appellant.

Ferriel C. Hamby, Jr., Charles A. Carlson, III, Adams, Graham, Jenkins, Graham & Hamby, Harlingen, for appellee.

OPINION

BISSETT, Justice.

This is an appeal from a workmen's compensation stroke case. During the trial and at the close of Cavazos (claimant's) evidence, the court withdrew the case from the jury and instructed a take nothing verdict in favor of the Fidelity & Casualty Company (carrier). Claimant contends the trial court erred in granting Carrier's Motion for Instructed Verdict because the evidence presented material issues which should have been submitted...

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