Sonnier v. Texas Employers Insurance Association

COLEMAN, Justice.

This is an appeal from the action of the trial court in withdrawing the case from the jury and entering a judgment for the defendant.

In the defendant’s motion for judgment, filed after the plaintiff announced to the court that he had rested his case, two grounds are set out, i.e., failure to produce sufficient evidence to compute an average weekly wage rate, and failure to produce any evidence that plaintiff had experienced any period of incapacity to work as a result of the injury sustained.

Appellant contends that appellee’s answer contained admissions establishing wage…