Chester v. Texas Employers Ins. Ass'n

FANNING, Justice.

This is an appeal by LeRoy Chester from a judgment overruling his motion to reinstate his case which had previously been dismissed upon the voluntary motion of his counsel for nonsuit.

Appellant’s-.suit was for workmen’s'compensation insurance; the parties announced ready for: trial and proceeded to trial, before a - jury; both sides introduced and completed their evidence and the jury was excused uiltil the next day awaiting the preparation of the court’s-charge;- the next day, out of the presence of the jury, appellee: presented a motion to the court for an instrúcted…