New York Underwriters Ins. Co. v. Upshaw

CLAYTON, Justice.

This is a workman’s compensation case wherein the jury found that the plaintiff sustained an injury while working in the course of his employment, that he was totally incapacitated, and that such incapacity was permanent. Judgment was entered based upon such findings.

Appellant (defendant below) challenges the jury findings on the grounds of insufficient evidence and that such findings were so against the great weight and preponderance of the evidence as to be manifestly unjust.

Appellee testified that on the date of his injury, he was working for his employer as a custodian,…