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HARTFORD ACCIDENT & INDEMNITY CO. v. BAUGH

No. 8162.

87 F.2d 240 (1936)

HARTFORD ACCIDENT & INDEMNITY CO. v. BAUGH.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 25, 1937.

Attorney(s) appearing for the Case

Paul T. McMahon and Joseph J. Eckford, both of Dallas, Tex., for appellant.

E. B. Hendricks and H. T. Cooper, both of Fort Worth, Tex., for appellee.

Before FOSTER and HOLMES, Circuit Judges, and STRUM, District Judge.

STRUM, District Judge.

Appellee, as plaintiff below, sued under the Texas Workmen's Compensation Act (Vernon's Ann.Civ.St.Tex. art. 8306 et seq.) to recover for alleged total and permanent disability resulting from an industrial injury.

On December 15, 1934, Baugh was shoveling dirt out of a ditch about three feet wide at the bottom and seven feet deep, when the side of the ditch caved in while Baugh was leaning over in a stooped position, covering him up...

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