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TRINITY UNIVERSAL INSURANCE COMPANY v. WINEINGER

No. 4213.

380 S.W.2d 759 (1964)

TRINITY UNIVERSAL INSURANCE COMPANY, Appellant, v. U. Q. WINEINGER, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied July 9, 1964.

Attorney(s) appearing for the Case

Strasburger, Price, Kelton, Miller & Martin, Dallas, Jones, Fillmore, Robinson & Lambert, Wichita Falls, for appellant.

Peery & Wilson, Wichita Falls, for appellee.

WILSON, Justice.

In a workmen's compensation case the court granted claimant's motion in limine to instruct the carrier's counsel to make no reference to, or offer evidence concerning beneficial effects of surgery. Three of the appealing carrier's points complain of this action. The points are overruled, among other reasons, because (a) the carrier's demand for surgery under Art. 8306, Sec. 12e, Vernon's Ann.Civ.Stat., qualified its assumption of responsibility by...

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