New Amsterdam Casualty Company v. Jordan

STEAKLEY, Justice.

This is a compensation case in which respondent (plaintiff below) had judgment based on jury findings of total incapacity for fifty-five weeks and partial incapacity for seventy-five additional weeks. Respondent appealed and urged nine points of error. The Court of Civil Appeals classified the “principal contentions” of respondent as six, overruled five, and sustained the sixth described by the Court of Civil Appeals as “The Trial Court abused its discretion in denying a new trial on the ground of material 'newly discovered evidence’ of additional surgery performed on…