Texas General Indemnity Company v. Savell

POPE, Justice.

This is a workman’s compensation case. The controlling point on appeal is whether defendant’s requested issue inquiring whether a prior injury contributed to plaintiff's present incapacity was raised by the pleadings and by the evidence. Plaintiff, Billy J. Saveli, obtained a judgment on a verdict for an accidental back injury which he suffered on October 7, 1957. It was agreed that he was totally incapacitated until May 29, 1958, and the jury found that he suffered permanent partial incapacity after that date. It was admitted that plaintiff sustained a prior back injury on…