# Great American Indemnity Co. v. McElyea

> Court of Appeals of Texas · February 9, 1933 · 57 S.W.2d 966

URL: https://www.frixlaw.com/law-library/cases/9834515

## Case

- **Full name:** GREAT AMERICAN INDEMNITY CO. v. McELYEA Et Al.
- **Court:** Court of Appeals of Texas
- **Decided:** February 9, 1933
- **Citations:** 57 S.W.2d 966
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Walthall
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9834515

## Opinion text

On Motion of Appellee for Rehearing.
We reversed this case solely on the ground that no allowance was made by the trial court of any discount on the lump sum settlement, and that no evidence was offered upon which this court can find the present value of the payments.
In his motion appellee, to avoid a reversal of the case for reasons above stated, waives that part of the judgment awarding him a lump sum settlement.
We have concluded to accept such waiver, set aside our judgment reversing and remanding the case, and now and here enter judgment that McElyea recover of appellant the sum of $12.30 per week (said sum being 60 per cent, of the alleged weekly wages as found by the jury) for 401 week's, and that the judgment of the trial court in other respects in no wise be disturbed.
With the above change in our opinion the case is affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9834515. Public record. Not legal advice.