Traders & General Ins. Co. v. Wilkinson

LONG, Justice.

R. C. Wilkinson instituted this suit against Traders & General Insurance Company to recover compensation for total and permanent incapacity resulting from a. hernia sustained by him on February 6, ■1951. Plaintiff, in an attempt to show that his rights had not been limited by the provisions of Section 12b of Article 8306, Revised Civil Statutes, alleged that his physical condition is such as to render it more-than ordinarily unsafe to submit to an operation for hernia. Defendant, in addition to a general denial, expressly alleged plaintiff was tendered but refused a hernia…