Texas Employers' Ins. Ass'n v. Henson, 1331-5842.

Citation48 S.W.2d 970
Decision Date28 April 1932
Docket NumberNo. 1331-5842.,1331-5842.
PartiesTEXAS EMPLOYERS' INS. ASS'N v. HENSON.
CourtSupreme Court of Texas

Harry P. Lawther, James P. Swift, and William M. Cramer, all of Dallas, for plaintiff in error.

Grisham Bros., of Eastland, for defendant in error.

LEDDY, J.

This is a compensation case in which the defendant in error was found to be totally and permanently incapacitated by reason of a hernia received in the course of his employment, from which he failed to obtain relief through a surgical operation.

The jury found in answer to a special issue that manifest hardship and injustice would result to defendant in error if the insurer should fail to redeem its liability in a lump sum. There was no pleading, evidence, or finding as to what would constitute a reasonable rate of discount for a lump sum settlement for the weekly compensation to which defendant in error was found to be entitled.

The writ of error was granted in this case because of an apparent conflict between the decision of the Court of Civil Appeals and that of this section of the commission in Lumbermen's Reciprocal Association v. Wilmoth, 12 S.W.(2d) 972, 973. In the last-named case it was held that an issue reading: "Was or not the injury received by G. T. Wilmoth such as to totally and permanently incapacitate him from following any gainful occupation?" was duplicitous, and that the submitting of such issue in this form violated the statutory right of the plaintiff in error to have each issue arising in the case separately and distinctly submitted.

Special issue No. 7, given by the court in this case, which it is claimed violates the rule announced in the above case, was in the following form: "Did said injury of February 21, 1929, if any, result in the permanent and total incapacity of defendant E. P. Henson?"

Under our holding in the Wilmoth Case it was erroneous for the trial court to combine the issues of totality of the incapacity and permanency of the injury in a single issue. The reason for the rule anounced in the above case is that it was contemplated by the statute providing for the submission of a case on special issues that the parties to a suit are entitled to have each and...

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9 cases
  • Federal Underwriters Exchange v. Craighead, 14475.
    • United States
    • Court of Appeals of Texas
    • 29 d5 Janeiro d5 1943
    ...18 S.W.2d 1102, writ of error dismissed; Casualty Reciprocal Exchange v. Stephens, Tex.Com.App., 45 S.W.2d 143; Texas Employers' Ins. Ass'n v. Henson, Tex.Civ.App., 31 S.W.2d 669, holding on Sunday issue approved by Commission of Appeals in 48 S.W.2d 970, and in 52 S.W.2d 247; Daniels v. So......
  • The National Mut. Casualty Co. v. Lowery, 1964.
    • United States
    • Court of Appeals of Texas
    • 22 d5 Dezembro d5 1939
    ....... No. 1964. . Court of Civil Appeals of Texas. Eastland. . December 22, 1939. . Rehearing ... of this state, particularly in Texas Employers' Insurance Ass'n v. Neatherlin, Tex.Com.App., 48 ...Henson, Tex.Civ.App., 31 S. W.2d 669, 671, reversed on ...Travelers Ins". Co., 132 Tex. 288, 120 S.W.2d 581. .      \xC2"......
  • Powell v. Whited, 10304
    • United States
    • Court of Appeals of Texas. Court of Civil Appeals of Texas
    • 30 d3 Março d3 1955
    ...is not jury misconduct and he cites several cases as so holding. We will review each case so cited. Texas Employers' Insurance Association v. Henson, Tex.Civ.App., Eastland, 31 S.W.2d 669, Texas Commission of Appeals opinions, 48 S.W.2d 970, 52 S.W.2d 247. Jury misconduct was mentioned only......
  • Travelers Ins. Co. v. Mote, 4876.
    • United States
    • Court of Appeals of Texas
    • 28 d1 Março d1 1938
    ...Under such allegations and proof he is entitled to compensation under the more liberal provisions of the act. Texas Employers' Ins. Ass'n v. Henson, Tex.Civ. App., 31 S.W.2d 669, reversed on other grounds, Tex.Com.App., 48 S.W.2d 970; Texas Employers' Ins. Ass'n v. Neatherlin, Tex.Com.App.,......
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