Texas Employers Ins. Ass'n v. Hale

HALE, Justice.

This case arose under the Texas Workmen’s Compensation Act, Vernon’s Ann. Civ.St. art. 8306 et seq. Upon favorable answers of the jury, appellee recovered judgment as for total permanent incapacity, payable in a lump sum. The principal contested issue was whether the incapacity complained of was the result of an accidental injury sustained on February 9, 1940, or of osteo-arthritis which developed gradually "over a long period of time prior to the date of the alleged accident. The testimony of Dr. Hurt tended to show the former, while the testimony of other doctors tended to…