Opinion

Gonzales v. Texas Employers' Insurance Ass'n

  • 419 S.W.2d 203
  • 1967 Tex. App. LEXIS 2574
Court
Court of Appeals of Texas
Filed
Jun 28, 1967
Status
Published
On the bench
O'Quinn
Cited by
8 cases

The opinion

*213 ON MOTION FOR REHEARING

Appellant assigned as error that the overwhelming preponderance of the evidence was contrary to the finding of the jury to the effect that appellant’s average weekly earning capacity during the period of partial incapacity was $50 and that the finding was manifestly unjust. After reviewing all of the evidence, we decided that the jury’s finding was so against the weight and preponderance of the evidence as to be clearly wrong and we sustained the assignment.

The cause should be remanded for the reasons stated, and motion for rehearing is overruled.

Motion overruled.

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