Lyles v. TEXAS EMPLOYERS'INSURANCE ASSOCIATION

OPINION

WILSON, Justice.

The points in this workmen’s compensation death case relate to the court’s charge to the jury on “producing cause” of death, a comment by the trial judge concerning whether medical text books had been “accepted in evidence”, and refusal to place witnesses “under the rule” as authorized by Rule 267, Texas Rules of Civil Procedure. Judgment was rendered against the carrier for temporary total incapacity benefits and medical and hospital expenses prior to the employee’s death.

The cause of death was controverted. Other facts were not in issue, and the court submitted one…