Texas General Indemnity Company v. Weldon F. Daniel

Fifth Circuit

Texas General Indemnity Company v. Weldon F. Daniel

283 F.2d 898, 1960 U.S. App. LEXIS 3183

CourtCourt of Appeals for the Fifth Circuit

DecidedNovember 29, 1960

Docket18538_1

StatusPublished

This text of 283 F.2d 898 (Texas General Indemnity Company v. Weldon F. Daniel) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Texas General Indemnity Company v. Weldon F. Daniel, 283 F.2d 898, 1960 U.S. App. LEXIS 3183 (5th Cir. 1960).

Pincite

Opinion

PER CURIAM.

This appeal from a judgment based on a jury verdict in a Texas Workmen’s Compensation case presents primarily a question as to the sufficiency of the evidence to sustain the verdict. It being undisputed that the appellee suffered an injury in the course of his employment that required radical surgery and that some total and some permanent partial disability resulted, the duration and degree of the disability are both matters appropriate for jury determination. We note that on the evidence point raised on appeal, the opinion expressed by the doctor was in response to a question asked on cross examination, as to which much more latitude is granted than on direct testimony.

The judgment is affirmed.

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PER CURIAM.

This appeal from a judgment based on a jury verdict in a Texas Workmen’s Compensation case presents primarily a question as to the sufficiency of the evidence to sustain the verdict. It being undisputed that the appellee suffered an injury in the course of his employment that required radical surgery and that some total and some permanent partial disability resulted, the duration and degree of the disability are both matters appropriate for jury determination. We note that on the evidence point raised on appeal, the opinion expressed by the doctor was in response to a question asked on cross examination, as to which much more latitude is granted than on direct testimony.

The judgment is affirmed.

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Bluebook (online)

283 F.2d 898, 1960 U.S. App. LEXIS 3183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/texas-general-indemnity-company-v-weldon-f-daniel-ca5-1960.