NEW YORK CASUALTY CO. v. WETHERELL

No. 13649.

193 F.2d 881 (1952)

NEW YORK CASUALTY CO. v. WETHERELL.

United States Court of Appeals Fifth Circuit.

Rehearing Denied February 27, 1952.


Attorney(s) appearing for the Case

Raymond A. Cook, James R. Connor, Houston, Tex., for appellant.

Arthur J. Mandell, Houston, Tex., for appellee.

Before HUTCHESON, Chief Judge, and BORAH, and STRUM, Circuit Judges.


BORAH, Circuit Judge.

Mrs. Wetherell sought recovery under the Texas Workmen's Compensation Law, Vernon's Ann.Civ.St. art. 8306 et seq., against New York Casualty Company, as insurer, for the death of her husband Thomas W. Wetherell, an employee of A. J. Schill Company. At the close of the evidence the insurance carrier moved for an instructed verdict. The court overruled the motion and submitted to the jury the one issue as to course of employment at the time of...

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