Ball v. National Life Acc. Ins. of Nashville, Tn

LAWSON, Justice.

We granted writ of certiorari to review the opinion and judgment of the Court of Appeals in the case of Ball v. National *266Life & Accident Insurance Company of Nashville, Tennessee, 118 So.2d 718.

The Court of Appeals affirmed the action of the trial court in giving the general affirmative charge with hypothesis in favor of the defendant, saying: “We are clearly of opinion the evidence established insured was suffering from a disease which materially increased the risk of loss when the policy was issued and that the court properly gave to the jury the general affirmative charge…