Travelers Insurance Company v. Marmolejo

WALKER, Justice.

This is a workmen’s compensation case. Plaintiff was injured in the course of his employment when a heavy joint of pipe struck him on the left leg and broke both bones in the leg just above the ankle. While the allegations of the petition might be broad enough to include an original general injury, no issue submitting that theory was given or requested. Special Issue No. 1, which inquired whether the injury to plaintiff’s foot “extended to or affected parts of the body other than the foot, thereby causing incapacity,” was answered by the jury in the affirmative. On the basis…