Texas Employers' Insurance Ass'n v. Frankum

This is a Workmen's Compensation case, brought by the plaintiff Frankum against the Texas Employers' Insurance Association to recover compensation on account of an injury received by him on December 10, 1943, while working as an automobile mechanic for Earl McMillian Company in Houston.

This is the second appeal of this case. The opinion of this Court on the former appeal will be found in 198 S.W.2d 484, and that of the Supreme Court in 201 S.W.2d 800, 802.

The jury verdict in the second trial — now at bar here for review — was substantially the same as it was in the first trial. In each trial…