American Nat. Ins. Co. v. Points

PELPHREY, Chief Justice.

This is the second time this case has been before this court. The former opinion appears in 81 S.W. (2d) 762, to which reference is here made for a statement of the nature of the case and the issues involved.

We have concluded that the case must again be reversed because of the manner in which the issue as to the disability of ap-pellee was submitted.

The issue in question reads: “Do you find from a preponderance of the testimony that the plaintiff suffered total and permanent disability by reason of the injuries, if any, he received on or about January 6th, 1933?”

Appella…