Landry v. Travelers Insurance Company

SMITH, Justice.

This is a workmen’s compensation case. For convenience we shall hereinafter refer to the petitioner as plaintiff and to respondent as defendant. On the basis of a jury verdict and a stipulated wage rate, the trial court entered judgment for plaintiff in the amount of $12,343.57, payable in a lump sum. The Court of Civil Appeals reversed the trial court’s judgment and remanded the cause for a new trial. 448 S.W.2d 230. We reverse the judgment of the Court of Civil Appeals and affirm that of the trial court.

February 1, 1964, five years and one month before the trial of this case,…