Traders Gen. Ins. v. Boyd

2 Citing cases

  1. Traders Gen. Co. v. Turner

    149 S.W.2d 593 (Tex. Civ. App. 1941)   Cited 12 times
    In Traders General Ins. Co. v. Turner, 149 S.W.2d 593 (Tex.Civ.App. Fort Worth 1941, no writ), the plaintiff was in the employ of his employer at all times during the year preceding the date of his injury, however, the work was intermittent not continuous and he worked by the hour when there was work to be done.

    The question is not open to the objection that it was confusing to the jury. In compensation cases when disability is shown, it is of vital importance to ascertain whether or not the degree of disability is permanent or temporary; these are words of common meaning and so far as we are able to find there is no case in which a definition of either has been required. It has been held that a failure to define "permanent", when used in connection with the charge, presented no error. Bankers Lloyds v. Pollard, Tex.Civ.App. 40 S.W.2d 859, writ refused; Traders General Ins. Co. v. Boyd, Tex.Civ.App. 121 S.W.2d 463, writ dismissed; Lloyds Casualty Co. of New York v. Grilliett, Tex.Civ.App. 64 S.W.2d 1005, writ refused. In the last cited case the rule there announced is distinguished from the holding in Employers' Casualty Co. v. Scheduler, Tex.Civ.App. 20 S.W.2d 833, in which case an improper definition was given when taken in connection with the nature of inquiry made.

  2. Traders Gen. Ins. v. Boyd

    146 S.W.2d 488 (Tex. Civ. App. 1941)   Cited 2 times

    This is the second appeal; on the first, the case was transferred to the El Paso Court of Civil Appeals, and, for reasons hereafter stated, was reversed and remanded. See Traders General Ins. Co. v. Boyd, 121 S.W.2d 463. In an opinion by Chief Justice Nealon, the El Paso Court gave a full statement of the nature of the case and, in order that it may readily be understood without referring to the report of the case, the statement made by Judge Nealon is reproduced, which is as follows: "This is a workman's compensation case.