Texas Employers' Insurance v. Mallard

Mr. Judge Hickman,

of the'Commission of Appeals delivered the opinion for the Court.

This is a workmen’s compensation case. In the trial court judgment was rendered in favor of the employee, respondent Mallard, against the petitioner for an amount in excess of $6,000.00 on a finding of total incapacity. The Court of Civil Appeals affirmed that judgment. 180 S. W. (2d) 381.

The first question presented for decision is this: Is the trial court’s definition of the term “total incapacity,” as contained in the charge to the jury, erroneous ? That term was defined therein as follows:

“By the term…