Brinson v. Old Republic Life Insurance Company

The evidence, in the light most favorable to the plaintiff, permits the inference (1) that his left eye was injured in a fall from a truckload of stumps; (2) because of the injury he is blind in the injured eye to the extent he cannot distinguish objects or colors, or tell the difference between day and night, though he can perceive some movement to the side and discover there is a little light when the sun is shining; (3) that the condition is permanent.

The foregoing seems to be a fair summary of the plaintiff’s evidence, both on direct and cross-examination. His statement that he is totally…