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AMERICAN SURETY COMPANY OF NEW YORK v. RUSHING

No. 7366.

356 S.W.2d 817 (1962)

AMERICAN SURETY COMPANY OF NEW YORK, Appellant, v. Paul J. RUSHING, Appellee.

Court of Civil Appeals of Texas, Texarkana.

Rehearing Denied May 15, 1962.

Attorney(s) appearing for the Case

Vinson, Elkins, Weems & Searls, Houston, for appellant.

Miller, McClure & Lucas, James H. Wright, Ralph K. Miller, Houston, for appellee.

DAVIS, Justice.

A workmen's compensation case. Appellee was injured on March 21, 1958. Appellant defended on the grounds that appellee had suffered no injury and plead that the sole cause of any disability was due to an injury that appellee received in a fight at a tavern on or about June 25, 1958. In the alternative, appellant alleged that 95% of the appellee's disability was caused by the fight.

The case was tried before a jury. The jury found in favor of...

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