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FEW v. CHARTER OAK FIRE INSURANCE COMPANY

No. B-2276.

463 S.W.2d 424 (1971)

Mary Frances FEW et vir, Petitioners, v. The CHARTER OAK FIRE INSURANCE COMPANY, Respondent.

Supreme Court of Texas.

January 27, 1971.

Attorney(s) appearing for the Case

Smith, Johnson & McDowell, William McDowell, Sulphur Springs, Woodrow H. Edwards, Mount Vernon, for petitioners.

Ramey, Brelsford, Flock, Devereux & Hutchins, Donald Carroll and Mike Hatchell, Tyler, for respondent.

POPE, Justice.

Mary Frances Few, joining her husband pro forma, sued Charter Oak Fire Insurance Company for total and permanent incapacity suffered in the course of her employment with Safeway Grocery in Mineola, Texas. The trial court awarded judgment for the plaintiffs, naming both Mary Frances and her husband in the judgment. The court of civil appeals, with a divided court, reversed the judgment for plaintiffs and remanded the cause for re-trial, holding that...

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