Texas Employers' Ins. v. Fitzgerald

The Court of Civil Appeals states this ease admirably. See 292 S. W. 925. In order to intelligently discuss what we consider the controlling assignment of error before us, we quote as follows from that opinion:

“The assignments under which proposition 9 is advanced, complaining of the excessiveness of the judgment because not supported by the verdict, are well taken and are sustained. Evidently the court based the judgment on the answer of the jury to special issue No. 2, wherein the average wage in the same neighborhood, earned by other laborers of the same class with the plaintiff during the…