TEXAS EMPLOYERS'INSURANCE ASSOCIATION v. Butler

RENFRO, Justice.

This is an appeal from a judgment of total and permanent disability in a workmen’s compensation case.

The first nine points of error pertain to wage rate, it being appellant’s position there was no evidence and insufficient evidence to support the jury finding under Subdivision 2, Section 1 of Article 8309, V.T.C. S., and that judgment non obstante vere-dicto should have been entered, predicated •upon the minimum wage rate provided by the statute.

It is conceded that appellee could not have recovered under Subdivision 1,, Section 1 of the wage rate statute.

Appellee was injured…