Texas Employers' Ins. Ass'n v. Henson

On original hearing we reversed the judgment of the trial court and remanded the cause for another trial because said judgment erroneously required plaintiff in error to redeem in a lump sum settlement its liability for the weekly payments allowed by the jury for a period of 401 weeks. (See 48 S. W. (2d) 970.) We could not reform the judgment and award defendant in error the weekly payments found by the jury because his brief contained no waiver of his right to insist upon another trial that the plaintiff in error redeem its liability for the weekly payments in a lump sum.

In the motion now…