Kennedy v. Texas Employers Ins. Ass'n

The question involved in this appeal is, whether or not the trial court was warranted in giving- an instructed verdict in favor of appellee, accordingly entering judgment against appellant. It is settled law in this State, -and the observations here made will be weighed -in the balance, that it is only where there is an entire absence of testimony as to show allegation in plaintiff’s petition necessary to a recovery, or where the facts proven1 leave no room for ordinary minds to differ as to the conclusion to be drawn therefrom, that a court should peremptorily instruct the jury.

Appellant, by…