Eagleston

This is an appeal from a judgment awarding the sum of $37,000 to appellee for personal injuries sustained as a result of assault by appellant upon him with a dangerous weapon. 1

The parties agreed that this action should be tried without a jury; that all of the evidence and testimony in the criminal case referred to in Footnote 1 should be considered as in evidence in the trial, and that the parties might introduce additional evidence bearing upon the question of damages to Rowley.

Appellant presents three contentions which cover the essential issues on his appeal. In summary, they are that the trial court committed prejudicial error (1) in allowing ex *233 cerpts from a medical text book to be read into evidence as part of appellee’s case in chief; in allowing pages from said text book to become part of the record herein, and in considering and relying upon the content of said text book in arriving at the damages awarded appellee, (2) in allowing a life insurance agent to give his opinion as to appellee’s ability to obtain life insurance, because this agent was not qualified to give such testimony and it was therefore incompetent, (3) the evidence does not justify the excessive…