Superior Insurance Co. v. Sanchez

Court of Appeals of Texas

Superior Insurance Co. v. Sanchez

428 S.W.2d 718, 1968 Tex. App. LEXIS 2467

Court of Appeals of Texas·Decided April 25, 1968·No. 4712·Published·Cited by 7 cases

Opinions

OPINION

WILSON, Justice.

The jury in this workmen’s compensation case found plaintiff was totally disabled for 401 weeks, and defendant appeals from judgment on the verdict. We affirm.

Defendant complains of the action of the court in overruling its in limine motion by which it objected to the reading to the jury of plaintiff’s pleading to the effect that he was entitled to compensation at $35 per week for 401 weeks. This was error, as informing the jury of the effect of its answers. Ex parte Fisher, 146 Tex. 328, 206 S.W.2d 1000, 1004; Texas Employers’ Ins. Ass’n v. Poe, 152 Tex. 18, 253 S.W.2d 645; Sisk v. Glens Falls Indemnity Company, Tex.Civ.App., 310 S.W.2d 118, 122, 66 A.L.R.2d 1, writ ref. n. r. e. See Transport Insurance Company v. Nunn, Tex.Civ.App., 375 S.W.2d 484, 486 and cases cited. Reversible error is not shown, however. Plaintiff introduced testimony from a witness which furnished the same information to the jury, and this without objection from defendant. The error complained of is harmless.

Defendant presents points complaining of overruling of objections to the charge. There is no showing in the record that the objections were presented to or acted on by the court as required by Rule 272, Texas Rules of Civil Procedure. They are waived. Neuhoff Bros. Packers, Inc. v. McCauley, Tex.Civ.App., 399 S.W. 2d 929, writ ref. n. r. e.

Points that there is no evidence or insufficient evidence to support jury findings have been considered and are overruled. It would not be helpful to recite the evidence to counsel who are familiar with it, or to the bench and bar to whom it would not be precedential.

Complaints of admission of deposition testimony of Dr. Garcia that plaintiff was suffering from a conversion reaction were not specified in the prerequisite motion for new trial as required by Rules 320 and 324. The complaints are waived. Collins v. Smith, 142 Tex. 36, 175 S.W.2d 407; Zeek v. Gaddy, Tex.Civ.App., 287 S.W.2d 490.

Appellant’s points are each overruled. Affirmed.

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OPINION

WILSON, Justice.

The jury in this workmen’s compensation case found plaintiff was totally disabled for 401 weeks, and defendant appeals from judgment on the verdict. We affirm.

Defendant complains of the action of the court in overruling its in limine motion by which it objected to the reading to the jury of plaintiff’s pleading to the effect that he was entitled to compensation at $35 per week for 401 weeks. This was error, as informing the jury of the effect of its answers. Ex parte Fisher, 146 Tex. 328, 206 S.W.2d 1000, 1004; Texas Employers’ Ins. Ass’n v. Poe, 152 Tex. 18, 253 S.W.2d 645; Sisk v. Glens Falls Indemnity Company, Tex.Civ.App., 310 S.W.2d 118, 122, 66 A.L.R.2d 1, writ ref. n. r. e. See Transport Insurance Company v. Nunn, Tex.Civ.App., 375 S.W.2d 484, 486 and cases cited. Reversible error is not shown, however. Plaintiff introduced testimony from a witness which furnished the same information to the jury, and this without objection from defendant. The error complained of is harmless.

Defendant presents points complaining of overruling of objections to the charge. There is no showing in the record that the objections were presented to or acted on by the court as required by Rule 272, Texas Rules of Civil Procedure. They are waived. Neuhoff Bros. Packers, Inc. v. McCauley, Tex.Civ.App., 399 S.W. 2d 929, writ ref. n. r. e.

Points that there is no evidence or insufficient evidence to support jury findings have been considered and are overruled. It would not be helpful to recite the evidence to counsel who are familiar with it, or to the bench and bar to whom it would not be precedential.

Complaints of admission of deposition testimony of Dr. Garcia that plaintiff was suffering from a conversion reaction were not specified in the prerequisite motion for new trial as required by Rules 320 and 324. The complaints are waived. Collins v. Smith, 142 Tex. 36, 175 S.W.2d 407; Zeek v. Gaddy, Tex.Civ.App., 287 S.W.2d 490.

Appellant’s points are each overruled. Affirmed.

Superior Insurance Co. v. Sanchez, 428 S.W.2d 718, 1968 Tex. App. LEXIS 2467 (Tex. Ct. App. 1968).

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