Indemnity Ins. Co. of North America v. Moses

BRYAN, Circuit Judge.

This was a suit under the Texas Workmen’s Compensation Act (Rev. St. Tex. 1925-, art. 8306 et seq., as amended) by an employee against an insurance company which was bis employer’s insurer to recover the indemnity imposed by the act for total permanent disability.

At the close of the evidence, the employee, in response to- an inquiry from the court, through his counsel stated that he elected to recover the total indemnity or nothing. In its charge the court withdrew from the consideration. of the. jury any right of the employee to recover for any degree of disability less…