Commercial Standard Ins. Co. v. Davis

• Decision Date: 06 March 1940
• Docket Number: No. 24798.,24798.
• Citation: 137 S.W.2d 1
• Parties: COMMERCIAL STANDARD INS. CO. v. DAVIS.
• Court: Texas Supreme Court

Page 1

137 S.W.2d 1

COMMERCIAL STANDARD INS. CO. v.DAVIS.

No. 24798.

Supreme Court of Texas.

March 6, 1940.

Error to Court of Civil Appeals of Third Supreme Judicial District.

Suit under the Workmen's Compensation Act by Dr. Robert Guy Davis, claimant, to set aside an award of the Industrial Accident Board in favor of the Commercial Standard Insurance Company, insurance carrier. To review a judgment of the Court of Civil Appeals, 135 S.W.2d 794, which reversed a judgment for the claimant and remanded proceedings for new trial, the insurance carrier brings error.

Dismissed W. O. J.—Correct judgment.

Todd, Crowley & Thompson, of Fort Worth, for plaintiff in error.

E. M. Davis and J. C. Darroch, both of Brownwood, for defendant in error.

PER CURIAM.

This suit was filed in the District Court of Mills County, Texas, by Dr. Robert Guy Davis against Commercial Standard Insurance Company, to recover compensation as an employee of Daniel Baker College, a corporation.Trial in the district court with the aid of a jury resulted in a verdict and judgment for Dr. Davis.On appeal by the insurance company to the Court of Civil Appeals at Austin, the judgment of the district court was reversed and the cause remanded for a new trial on account of a trial error.135 S.W.2d 794.The insurance company has appealed to this court for writ of error, contending that the Court of Civil Appeals erred in refusing to finally render judgment for it.The case is before us only on such application.

Daniel Baker College is a nonprofit religious educational corporation, duly incorporated under the laws of this State.Such corporation owns and operates a college, known as Daniel Baker College, at Brownwood, Brown County, Texas.During the time here involved, this insurance company was the compensation insurance carrier of the corporation, Daniel Baker College.Dr. Davis contends that he was injured while in the discharge of his duties as an employee of Daniel Baker College, a corporation.He claims compensation under the above-mentioned insurance policy.The insurance company contends that Dr. Davis was not covered by its insurance policy, because of the provisions of Article 8309, Section la, R.C. S. 1925.Such statute reads as follows: "The president, vice-president or vice-presidents, secretary or other officers thereof provided in its charter or by-laws and the directors of any corporation which is a subscriber to this law shall not be deemed or held to be an employe...