RODRIGUEZ v. GREAT AMERICAN INDEMNITY COMPANY

No. 16426.

244 F.2d 484 (1957)

Maria RODRIGUEZ, individually and as next friend of Antonio and Evangelina Rodriguez, minors, and Daniel Rodriguez, Appellants, v. GREAT AMERICAN INDEMNITY COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 13, 1957.


Attorney(s) appearing for the Case

Charles J. Lieck, San Antonio, Tex., for appellants.

Carl Wright Johnson, Nat L. Hardy, San Antonio, Tex., for appellee.

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


HUTCHESON, Chief Judge.

Brought under the Texas Workmen's Compensation Act, Vernon's Ann.Civ.St. art. 8306 et seq., by the widow and child of the deceased employee, the suit was for death benefits provided by the Act for compensable injuries.

The claim was that, though the death had occurred not during, but after, working hours and not at his place of work, but as a result of a fire in his lodgings after he had retired for the night, decedent's death was,...

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