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QUERNER v. DE SPAIN

No. 13635.

339 S.W.2d 723 (1960)

W. A. QUERNER, Appellant, v. Donald DE SPAIN, Appellee.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied October 26, 1960.

Attorney(s) appearing for the Case

W. Pat Camp, Wm. C. Church, Jr., San Antonio, for appellant.

Baskin, Casseb & Casseb, John M. Gilliland, San Antonio, for appellee.

POPE, Justice.

Donald DeSpain sued W. A. Querner, his employer, for personal injuries and the jury awarded him $35,000. Querner, though eligible, did not have Workmen's Compensation Insurance, and hence he could not defend upon the basis of contributory negligence, the negligence of a fellow servant, or the voluntary assumption of risk. Sec. 1, Art. 8306, Vernon's Tex.Civ. Stats. Querner argues that the burden was on DeSpain to prove causation, and that the court...

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