Whaley v. Angelina Casualty Company

CLAUDE WILLIAMS, Justice.

In this workmen’s compensation case the sole question on appeal is whether the trial court erred in failing to grant appellant’s motion for mistrial and motion for new trial because of allegedly fatal conflicts in the jury’s answers to certain special issues.

The parties stipulated in open court that appellant’s average weekly wage prior to injury was $64.13. The court submitted the case to the jury upon special issues covering the affirmative and defensive theories of total and partial disability. In connection with partial disability the court defined the term as…