Texas General Indemnity Co. v. Smith

Original Mandamus Proceeding

WARREN, Justice.

This original writ of mandamus is brought to compel the trial judge to set aside an order declaring a mistrial and to require him to enter a judgment on the jury’s verdict.

The plaintiff in the trial court sued to set aside an award of the Industrial Accident Board. Before the trial on the merits began, the plaintiff and defendant stipulated that the average weekly wage of the plaintiff before the accident was $106.00. The jury was not aware of this stipulation. In answer to special issues, the jury found that: (1) plaintiff received an injury in the…