Argonaut Insurance Company v. Titus

RENFRO, Justice.

The defendant appealed from a permanent partial disability judgment entered for the plaintiff.

In its first point of error defendant contends the court erred in refusing to instruct plaintiff’s counsel not to read that portion of his pleadings pertaining to the limited nature of the Workmen’s Compensation Act.

It is better practice not to read to the jury those portions of the pleadings with which the jury is not concerned, and the requested instruction would have been proper. Sisk v. Glens Falls Ind. Co., Tex.Civ.App., 310 S.W.2d 118, 66 A.L.R.2d 1. However, in the absence of a…