Fidelity and Casualty Co. of New York v. Johnson

GRIFFIN, Justice.

This is a workmen’s compensation case in which respondent, Linden M. Johnson, as plaintiff, sued petitioner Insurance Company, as defendant, in a district court of Harris County, Texas. Suit was for permanent total loss of the use of plaintiff’s right leg. On a jury verdict favorable to plaintiff, the trial court rendered judgment in plaintiff’s favor for total loss of use of said leg. On appeal that judgment was affirmed by the Court of Civil Appeals. 413 S.W.2d 401. We reverse the judgment of the Court of Civil Appeals and remand the case to the trial court for a new trial.

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