TEXAS EMPLOYERS'INSURANCE ASSOCIATION v. Shirey

HUGHES, Justice.

This is a workmen’s compensation case in which appellee, Walter Lee Shirey, recovered a judgment against Texas Employers’ Insurance Association for total and permanent incapacity payable in a lump sum. Trial was to a jury.

Appellee made a motion, filed after the trial had commenced, that appellant’s counsel be instructed “not to make any inquiry of any witness and not to make any statement to the Jury concerning the possible or potential beneficial effect of surgery upon the Plaintiff, WALTER LEE SHIREY, and further, not to ask any question of any witness designed or calculated…