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ROYAL INDEMNITY COMPANY v. KENNEDY

No. 16907.

426 S.W.2d 615 (1968)

ROYAL INDEMNITY COMPANY, Appellant, v. C. M. KENNEDY, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied April 19, 1968.

Attorney(s) appearing for the Case

Stone, Tilley, Parker, Snakard, Law & Brown, and Lawton G. Gambill, Fort Worth, for appellant.

Woodruff, Hill, Bader & Kendall, and David M. Kendall, Jr., Dallas, for appellee.

OPINION

RENFRO, Justice.

Based upon jury findings, judgment was rendered for plaintiff Kennedy against Royal Indemnity Company for workmen's compensation benefits for total and permanent disability.

The first point presented by defendant reads, "The trial court incorrectly defined `Total Incapacity' in its charge to the jury."

The court's definition was, "`Total Incapacity' does not mean an absolute disability to perform any kind of labor...

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