Texas Employers Insurance v. Snyder

Texas Supreme Court

Texas Employers Insurance v. Snyder

91 S.W.2d 320, 127 Tex. 228, 1936 Tex. LEXIS 307

CourtTexas Supreme Court

DecidedFebruary 26, 1936

DocketNo. 6568.

StatusPublished

Cited by2 cases

This text of 91 S.W.2d 320 (Texas Employers Insurance v. Snyder) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Texas Employers Insurance v. Snyder, 91 S.W.2d 320, 127 Tex. 228, 1936 Tex. LEXIS 307 (Tex. 1936).

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Opinion

Mr. Judge HICKMAN

delivered the opinion of the Commission of Appeals, Section A.

This is a companion case to Texas Employers Insurance Association v. Mrs. Maranda Russell et al this day decided. (127 Texas, 230, 91 S. W. (2d) 317). The defendants in error are the beneficiaries under the Workmen’s Compensation Law of J. H. Snyder, who lost his life in the same explosion that took the life of J. B. Russell. In the Russell case the evidence was introduced, after which a peremptory instruction was given in favor of the Texas Employers Insurance Association, while in this case a general demurrer was sustained to the petition of the claimants. Counsel have agreed that the judgment in the *229 Russell case should control the decision in this case. Acting on that agreement the Court of Civil Appeals wrote no opinion herein, but merely made the notation that the same was reversed and remanded because that disposition had been made of the Russell case. Giving effect to the agreement, we direct that the same order be entered herein as that entered in the other case. Accordingly, it is ordered that the judgment of the Court of Civil Appeals be reversed and that of the trial court be affirmed.

Opinion adopted February 2, 1936.

Rehearing overruled April 15, 1936.

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Mr. Judge HICKMAN

delivered the opinion of the Commission of Appeals, Section A.

This is a companion case to Texas Employers Insurance Association v. Mrs. Maranda Russell et al this day decided. (127 Texas, 230, 91 S. W. (2d) 317). The defendants in error are the beneficiaries under the Workmen’s Compensation Law of J. H. Snyder, who lost his life in the same explosion that took the life of J. B. Russell. In the Russell case the evidence was introduced, after which a peremptory instruction was given in favor of the Texas Employers Insurance Association, while in this case a general demurrer was sustained to the petition of the claimants. Counsel have agreed that the judgment in the *229 Russell case should control the decision in this case. Acting on that agreement the Court of Civil Appeals wrote no opinion herein, but merely made the notation that the same was reversed and remanded because that disposition had been made of the Russell case. Giving effect to the agreement, we direct that the same order be entered herein as that entered in the other case. Accordingly, it is ordered that the judgment of the Court of Civil Appeals be reversed and that of the trial court be affirmed.

Opinion adopted February 2, 1936.

Rehearing overruled April 15, 1936.

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Bluebook (online)

91 S.W.2d 320, 127 Tex. 228, 1936 Tex. LEXIS 307, Counsel Stack Legal Research, https://law.counselstack.com/opinion/texas-employers-insurance-v-snyder-tex-1936.

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