Texas Supreme Court
A. N. Wright v. Traders & General Insurance Company
January 4, 1939132 Tex. 172
Summary
The Texas Supreme Court affirmed the Court of Civil Appeals, holding that a trial court must submit the issue of partial incapacity unconditionally and affirmatively, and that conditional or duplicate affirmative/negative submissions constitute reversible error. The Court relied on prior authority that grants defendants the right to an unconditional partial incapacity issue when the pleadings raise it.