Texas Employers Insurance Ass'n v. Kubiak

DAVIS, Justice.

This is a workmen’s compensation case. Appellee alleged total and permanent disability caused by a ruptured disc as the result of an injury sustained in the course of his employment. Judgment was for appel-lee for total and permanent disability upon a jury verdict amply supported by the evidence.

Appellant brings forward two points of error complaining of the action of the trial court in sustaining appellee’s exceptions to. its answer wherein it, appellant, alleged, et cetera, that a surgical operation would effect a cure or materially and beneficially improve appellee’s…