FIDELITY & CASUALTY CO. OF NEW YORK v. NEAS

No. 8522.

93 F.2d 137 (1937)

FIDELITY & CASUALTY CO. OF NEW YORK v. NEAS et al.

Circuit Court of Appeals, Fifth Circuit.

November 29, 1937.


Attorney(s) appearing for the Case

Austin Y. Bryan, Jr., of Houston, Tex., for appellant.

Brantly Harris and Geo. W. Coltzer, both of Galveston, Tex., for appellees.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.


SIBLEY, Circuit Judge.

The case is one of compensation for the death of John H. Neas under the Workmen's Compensation Law of Texas (Vernon's Ann.Civ.St.Tex. art. 8306 et seq.). The main question is whether the evidence authorized submission of the claim to the jury.

It is uncontested that Neas, 36 years old and weighing 160 pounds, was for 14 years a lineman of the Houston Lighting & Power Company, and accustomed to climbing electric light poles. He had...

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