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  5. 258 S.W.2d 436 (1953)
 

SMITH v. TRADERS & GENERAL INS. CO.

No. 3018.

258 S.W.2d 436 (1953)

SMITH et al. v. TRADERS & GENERAL INS. CO.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied June 5, 1953.

Attorney(s) appearing for the Case

Carter, Gallagher, Roberts & Jones, Dallas, for appellants.

Strasburger, Price, Kelton, Miller & Martin, Dallas, for appellee.

LONG, Justice.

Mrs. Vernice Smith, the widow of Emmett Thorne Smith, individually and as next friend for David Thorne Smith, the minor son of deceased, Emmett Thorne Smith, brought this suit against Traders & General Insurance Company for death benefits under the Workmen's Compensation Act. A jury was waived and judgment was rendered in favor of the insurance company. Plaintiffs have appealed.

The case was tried solely upon an agreed stipulation of facts...

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