Southern Underwriters v. Boswell

This is a workmen’s compensation case. The Court of Civil Appeals affirmed a judgment in favor of the employee 141 S. W. (2d) 442.

The insurance company contended that the disability of which the employee was suffering was due to arthritis contracted prior to his injury. The case was submitted to the jury on special issues, and issues were submitted for the purpose of determining the incapacity, if any, suffered by the employee as a result of the injury in question. In connection with these issues, the court instructed the jury as follows:

“In answering all of the issues in this charge with…