Home/Court of Appeals of Texas/American General Ins. Co. v. Jones

American General Ins. Co. v. Jones

250 S.W.2d 663, 1952 Tex. App. LEXIS 1648
CourtCourt of Appeals of Texas
DecidedJune 5, 1952
Docket12397
StatusPublished
Cited by6 cases

This text of 250 S.W.2d 663 (American General Ins. Co. v. Jones) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
American General Ins. Co. v. Jones, 250 S.W.2d 663, 1952 Tex. App. LEXIS 1648 (Tex. Ct. App. 1952).

Opinion

CODY, Justice.

This is a workmen’s compensation case. Here Mrs. William Jones, joined by her husband, sued, as the sole beneficiary under the Workmen’s Compensation law entitled to recover benefits, for the death of her father, Walter Granville Wheat, who, at the time. of his death, was employed as a night watchman for the Gulf Bitulithic Company, which company had the contract to construct that part of the Galveston-Houston Super Highway, known as the Galveston Wye Project. The deceased’s body was found in the early hours of November 6, 1950, on the shoulder of the highway close to his overturned automobile near a barricade across the cement slab which constituted the more northerly lane of the highway, the more southerly lane being separated from the northerly lane by an esplanade. The American General Insurance Company was the deceased’s employer’s compensation carrier. Said compensation carrier defended the suit on the plea that the deceased did not die from accidental injuries received in the course and scope of his employment.

The case was tried to a jury and over appellant’s objection that the court should have directed a verdict in its favor, the court submitted the case to a jury upon special issues. Upon the answers of the jury to such-special issues, the court rendered judgment that the plaintiff recover from the defendant compensation carrier the lump sum of $7,822.87.

Appellant grouped for presentation its first, second, third and eighth points, complaining respectively: (1) That the evidence was insufficient to raise the fact issue for the jury that the deceased died as a result of accidental injuries received in the course of his employment, (2) That the jury’s finding in answer to special issue No. 3, to the effect that the injury which caused deceased’s death was sustained while he was acting in the course of his employment, was against the great preponderance of the evidence, (3) That the jury’s finding in answer to special issue No. 8 that at the time of deceased’s death his contract of employment was not “confined and restricted to his duties as night watchman to the machinery and equipment and other property of the company, located at the batching-plant site,” was against the great preponderance of the evidence, and (4) That there was no evidence to warrant the submission of special issue No. 3 referred to above.

We here insert a rough sketch of the plans of that portion of the aforesaid Highway known in this record as the Galveston Wye Project.

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Related

International Insurance Co. v. Deatherage
628 S.W.2d 209 (Court of Appeals of Texas, 1982)
Texas Employers Insurance Ass'n v. Goad
622 S.W.2d 477 (Court of Appeals of Texas, 1981)
Scott v. Millers Mutual Fire Insurance Co. of Texas
524 S.W.2d 285 (Texas Supreme Court, 1975)
Millers Mutual Fire Insurance Co. v. Scott
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Elledge v. Great American Indemnity Company
312 S.W.2d 722 (Court of Appeals of Texas, 1958)
American General Insurance v. Jones
255 S.W.2d 502 (Texas Supreme Court, 1953)

Cite This Page — Counsel Stack

Bluebook (online)
250 S.W.2d 663, 1952 Tex. App. LEXIS 1648, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-general-ins-co-v-jones-texapp-1952.