(DOWNLOAD) "Solomon A. Muro v. Houston Fire & Casualty Insurance Company" by San Antonio No. 13502 Court of Civil Appeals of Texas # Book PDF Kindle ePub Free
eBook details
- Title: Solomon A. Muro v. Houston Fire & Casualty Insurance Company
- Author : San Antonio No. 13502 Court of Civil Appeals of Texas
- Release Date : January 25, 1959
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
On Motion for Rehearing. In our original opinion, we stated that both medical experts testified they would not pass Muro for work as a common laborer.
Only Dr. Haley so testified. Appellee renews its insistence that the trial court erred in permitting Muro to prove the necessitous
circumstances which impelled him to seek employment. This is the same matter which we discussed in Muro v. Houston Fire
Casualty Ins. Co., Tex.Civ.App., 310 S.W.2d 420. On cross-examination, appellee interrogated Muro, step by step, about every
employment he had obtained since the injury. In detail he was questioned about the nature and duration of the work, seeking
thereby to prove his ability to do hard work. To rebut this evidence, on re-direct, Muro testified that he went to work first
with Mex-Mo, six months after the injury. He was sore, his feet, knees and back hurt him. He said, "I just had to work, and
I went to work, pain and all." He gave similar testimony about his other jobs. He testified that he was married, had six children,
his wife was pregnant, and his credit exhausted. This proof was in answer to the work record which appellee relied upon to
defeat the whole action. If it is a legitimate inference that a plaintiff is well because he works, it is a legitimate reply
that he works, though sick, because he is in need. When defendant opens the door by proof that the plaintiff is well and able
to work because he has worked, he will not be heard to complain of evidence that the plaintiff worked, not because he was
well, but because of economic compulsion.