W. O. W. Life Insurance Society v. Sosebee

Mr. Judge Brewster

delivered the opinion of the Commission of Appeals, Section A.

On October 16, 1913, the defendant Woodmen of the World Life Insurance Society insured the life of Homer V. Sosebee, who died January 3, 1938. His eight surviving brothers sued to recover on the policy as his sole surviving next of kin. A jury verdict on special issues resulted in a trial court judgment for the plaintiffs, which was affirmed by the Court of Civil Appeals at El Paso, after remittitur by plaintiffs of a 12 per cent, penalty and attorney’s fees allowed by the trial court. 144 S. W. (2d) 308.

In 1917…