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Cook v. City of Austin

340 S.W.2d 482, 161 Tex. 294, 4 Tex. Sup. Ct. J. 152, 1960 Tex. LEXIS 602
CourtTexas Supreme Court
DecidedNovember 30, 1960
DocketA-7840
StatusPublished
Cited by14 cases

This text of 340 S.W.2d 482 (Cook v. City of Austin) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cook v. City of Austin, 340 S.W.2d 482, 161 Tex. 294, 4 Tex. Sup. Ct. J. 152, 1960 Tex. LEXIS 602 (Tex. 1960).

Opinion

PER CURIAM.

Judgment for the plaintiff against the City of Austin in a workmen’s compensation case was reversed and remanded by the Court of Civil Appeals. 333 S.W. 2d 398.

The reversal was predicated on the refusal of the trial court to permit the City of Austin to offer testimony on the trial of the case that an operation would ameliorate the claimant’s injury on the ground that the City of Austin had denied liability and had not tendered an operation while the claim was pending before the Industrial Accident Board. Since this decision is in conflict with two recent cases decided by this court, namely Truck Insurance Exchange v. Seelbach, 161 Texas 250, 339 S. W. 2d 521, and Texas Employer’s Insurance Ass’n. v. Shelton, 161 Texas 259, 339 S.W. 2d 519, we therefore reverse the same on the application for writ of error without the necessity of granting the writ and hearing the case. Rule 483, Texas Rules of Civil Procedure.

*296 There were other points on the appeal not expressly passed upon by the Court of Civil Appeals, however, and we therefore remand the cause to the Court of Civil Appeals for further consideration.

Opinion delivered November 30, 1960.

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Bluebook (online)
340 S.W.2d 482, 161 Tex. 294, 4 Tex. Sup. Ct. J. 152, 1960 Tex. LEXIS 602, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cook-v-city-of-austin-tex-1960.