Employers Liability Assurance Corporation, Limited, and Williams McWilliams Industries, Inc. v. Elmer Textor

Fifth Circuit

Employers Liability Assurance Corporation, Limited, and Williams McWilliams Industries, Inc. v. Elmer Textor

266 F.2d 528, 1959 U.S. App. LEXIS 3853

CourtCourt of Appeals for the Fifth Circuit

DecidedMay 19, 1959

Docket17586

StatusPublished

This text of 266 F.2d 528 (Employers Liability Assurance Corporation, Limited, and Williams McWilliams Industries, Inc. v. Elmer Textor) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Employers Liability Assurance Corporation, Limited, and Williams McWilliams Industries, Inc. v. Elmer Textor, 266 F.2d 528, 1959 U.S. App. LEXIS 3853 (5th Cir. 1959).

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Opinion

PER CURIAM.

The record in the trial of this Louisiana Workmen’s Compensation case is. sufficient to show that while lifting a heavy half-track tread appellee suffered pain in his back sufficient to cause him to go the following day to a hospital for treatment. Although the testimony of some six or seven physicians made a strong case for the trial court as fact finder that he had no permanent injury resulting from this episode, the testimony of the single favorable witness,. Dr. Kirgis, even though severely challenged, coupled with the lay testimony-given by Textor and his wife, was sufficient to make a fact issue both as to the-accidental origin of the condition and *529 as to its continuance to the date of trial, For discussion of the law in a similar “borderline” case see W. Horace Williams Co., Inc. v. Serpas, 5 Cir., 261 F.2d 857.

The judgment is affirmed.

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PER CURIAM.

The record in the trial of this Louisiana Workmen’s Compensation case is. sufficient to show that while lifting a heavy half-track tread appellee suffered pain in his back sufficient to cause him to go the following day to a hospital for treatment. Although the testimony of some six or seven physicians made a strong case for the trial court as fact finder that he had no permanent injury resulting from this episode, the testimony of the single favorable witness,. Dr. Kirgis, even though severely challenged, coupled with the lay testimony-given by Textor and his wife, was sufficient to make a fact issue both as to the-accidental origin of the condition and *529 as to its continuance to the date of trial, For discussion of the law in a similar “borderline” case see W. Horace Williams Co., Inc. v. Serpas, 5 Cir., 261 F.2d 857.

The judgment is affirmed.

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266 F.2d 528, 1959 U.S. App. LEXIS 3853, Counsel Stack Legal Research, https://law.counselstack.com/opinion/employers-liability-assurance-corporation-limited-and-williams-mcwilliams-ca5-1959.

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