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McNEW v. HARTFORD ACCIDENT AND INDEMNITY COMPANY

No. 16713.

400 S.W.2d 808 (1966)

Marion W. McNEW, Appellant, v. HARTFORD ACCIDENT AND INDEMNITY COMPANY, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied April 1, 1966.

Attorney(s) appearing for the Case

Spurlock & Schattman and Kenneth Spell, Fort Worth, for appellant; Rumph, Ivy & Karpenko, and Kenneth Spell, Fort Worth, for appellant in re motion for rehearing.

Garrett & Garrett, and Rufus S. Garrett, Jr., Fort Worth, for appellee.

MASSEY, Chief Justice.

Workmen's compensation case. We will refer to Marion W. McNew, plaintiff below, as the claimant, and to the defendant Hartford Accident and Indemnity Company as the insurer or insurance company.

The judgment from which claimant took an appeal to this Court was a summary judgment granted on motion of the insurance company. The ground therefor, as stated in the motion, read: "The pleadings and depositions on file together with the

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