HUTCHESON, Circuit Judge.
Plaintiff, an insurance carrier, alleging that it had paid compensation on account of the death of Zack Smith, deceased, and that the death occurred under circumstances "creating a legal liability in" defendant, sued to enforce its statutory right to subrogation to Smith's cause of action (Rev. St. Tex. 1925, art. 8307, § 6a). This is the second appeal. The first appeal was from a judgment on demurrer dismissing the cause for the insufficiency...
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