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NEW AMSTERDAM CASUALTY CO. v. MORRISON

No. 5555.

36 F.2d 216 (1929)

NEW AMSTERDAM CASUALTY CO. v. MORRISON.

Circuit Court of Appeals, Fifth Circuit.

November 29, 1929.

Attorney(s) appearing for the Case

Neal Powers, of Wichita Falls, Tex. (Weeks, Morrow, Francis & Hankerson, of Wichita Falls, Tex., on the brief), for appellant.

John Davenport, of Wichita Falls, Tex. (Milburn E. Nutt, Davenport & Crain and John Davenport, all of Wichita Falls, Tex., on the brief), for appellee.

Before WALKER and FOSTER, Circuit Judges, and DAWKINS, District Judge.

WALKER, Circuit Judge.

This was a suit under the Texas Workmen's Compensation Law. The appellee's petition contained allegations to the following effect: While appellee was acting in the course of his employment, two or more pieces of steel penetrated his right eye as a result of an act of a coemployee while engaged in the same employment. Because of the injury so received, appellee's eye was removed, and, due to the steel particles being embedded in the eye, poisons...

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