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STONE v. TEXAS EMPLOYERS' INSURANCE ASSOCIATION

No. A-4690.

273 S.W.2d 59 (1954)

Everett C. STONE, Petitioner, v. TEXAS EMPLOYERS' INSURANCE ASSOCIATION, Respondent.

Supreme Court of Texas.

Rehearing Denied December 22, 1954.

Attorney(s) appearing for the Case

Jones, Jones & Brian, Marshall, for petitioner.

McMahon, Springer, Smart & Walter and John P. Camp and Marvin S. Sprain, Abilene, for respondent.

CULVER, Justice.

The judgment of the trial court awarding petitioner, Stone, workmen's compensation for total and permanent disability has been reversed and remanded by the Court of Civil Appeals (with dissent) for refusal of the trial judge to submit unconditionally the issue of partial incapacity. 266 S.W.2d 902.

The following issues among others were submitted:

1. "Do you find from a preponderance of the evidence...

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