FIDELITY & CASUALTY CO. OF NEW YORK v. MANLEY

No. 10330.

132 F.2d 127 (1942)

FIDELITY & CASUALTY CO. OF NEW YORK v. MANLEY.

Circuit Court of Appeals, Fifth Circuit.

December 8, 1942.


Attorney(s) appearing for the Case

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

F. Fox Benton, of Houston, Tex., for appellee.

Before HOLMES and McCORD, Circuit Judges, and DAWKINS, District Judge.


HOLMES, Circuit Judge.

This appeal is from a judgment for appellee in an action for damages for personal injuries under the workmen's compensation law of Texas. Appellant contends that the appellee failed to meet the burden of proof requisite to recovery in a compensation case; that the judgment was excessive; and that the trial court's charge to the jury, with respect to instructions given and refused, was prejudicial and misleading.

It was admitted that...

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