OWEN v. HARDWARE MUT. CASUALTY CO.

No. 11728.

158 F.2d 471 (1946)

OWEN v. HARDWARE MUT. CASUALTY CO.

Circuit Court of Appeals, Fifth Circuit.

December 4, 1946.


Attorney(s) appearing for the Case

J. R. Black, Jr., of Abilene, Tex., for appellant.

Hill D. Hudson, of Pecos, Tex., for appellee.

Before HUTCHESON, HOLMES, and McCORD, Circuit Judges.


McCORD, Circuit Judge.

James Lee Owen appeals from a judgment entered on a direct verdict denying him recovery of benefits under the texas Workmen's Compensation Law. Vernon's Ann.Civ.St.Tex. Art. 8306 et seq. Owen contends that on the uncontroverted evidence and stipulated facts verdict should have been directed for him and not for the defendant.

Decision turns upon whether Owen, who had deviated from his employment, had at the time of his injury resumed...

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