Georgia Casualty Co. v. Darnell

• Decision Date: 19 March 1924
• Docket Number: (No. 434-3871.)
• Citation: 259 S.W. 918
• Parties: GEORGIA CASUALTY CO. v. DARNELL et ux.
• Court: Texas Supreme Court

259 S.W. 918

GEORGIA CASUALTY CO. v.DARNELL et ux.

(No. 434-3871.)

Commission of Appeals of Texas, Section B.

March 19, 1924.

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

Proceeding under the Employers' Liability Act by J. W. Darnell and wife to recover compensation for the death of Marvin B. Darnell, opposed by the employer and the Georgia Casualty Company, insurer. Judgment

for claimants affirmed (243 S. W. 579), and insurer brings error. Cause dismissed.

H. T. Cooper, of Fort Worth, and Frank S. Anderson, of Galveston, for plaintiff in error.

Dexter W. Scurlock and Massingill & Belew, all of Fort Worth, for defendants in error.

POWELL, P. J.

Marvin B. Darnell, while in the course of his employment, was killed.His employer was a subscriber under the Texas Employers' Liability Act(Vernon's Sayles' Ann. Civ. St. 1914, arts. 5246h-5246zzzz), and was insured thereunder in the Georgia Casualty Company.In the district court, the parents of deceased employee recovered judgment for $4,704.95.Upon appeal by the company to the Court of Civil Appeals, the judgment of the district court was affirmed, together with 10 per cent. damages for delay.See243 S. W. 579.

In due course, writ of error was granted the company and the cause referred to this court.The case was regularly submitted on January 24, 1924; new written arguments having been filed by each of the parties shortly before that time.

Very shortly after the submission in this court, we began work upon the case, and the writer had just about completed the preparation of an opinion herein, when counsel for plaintiff in error wrote on February 18, 1924, that the company had, on January 22, 1924, settled the judgment entered in the district court, and asking the present status of the case in our court.We had the clerk reply to the effect that the cause would be dismissed upon agreed motion of the parties to that effect.Complying with our suggestion, all the parties have just filed such a joint motion in the following words:

"Whereas, the parties to the above entitled and numbered cause, having entered into an agreement, settling and compromising the above-entitled cause; and

"Whereas, said cause having been submitted to the Commission of Appeals for the State of Texas, Section B, on the 24th day of January, 1924, and it being the desire of the parties to have a judgment entered in the Supreme Court of the State of Texas, in accordance with said agreement of compromise.

"It is therefore stipulated and agreed, by and between the...