Enterprise Co. v. Glenn

1 Citing case

  1. Sec. Union Cas. Co. v. Frederick

    295 S.W. 301 (Tex. Civ. App. 1927)   Cited 14 times
    In Security Union Casualty Co. v. Frederick (Tex.Civ.App.) 295 S.W. 301, 303, where the expert testimony was to the effect that symptoms of neuritis are subjective, and the doctors have to rely upon the patient's statement as to whether or not he has pain, this court said: "Under the testimony of the medical experts, the nature of appellee's complaint could be diagnosed only upon his statement. If appellee was telling the truth, his trouble was neuritis, and the testimony of the experts, as quoted, those called both by appellee and appellant, raised the issue of permanent total incapacity.

    (3) We agree with appellant that each party to a suit has the right to have an affirmative submission of all issues made by his pleadings and supported by his evidence, and that a denial of that right constitutes reversible error. Enterprise Co. v. Glenn (Tex.Civ.App.) 290 S.W. 806. But under this proposition the trial court did not commit reversible error by refusing appellant's requested charge, as follows: