Hill v. Georgia Casualty Co.

• Court: Texas Supreme Court
• Writing for the Court: Harvey
• Citation: Hill v. Georgia Casualty Co., 45 S.W.2d 566 (Tex. 1932)
• Decision Date: 27 January 1932
• Docket Number: No. 1521-5829.,1521-5829.
• Parties: HILL v. GEORGIA CASUALTY CO.

Page 566

45 S.W.2d 566

HILL v. GEORGIA CASUALTY CO.

No. 1521-5829.

Commission of Appeals of Texas, Section A.

January 27, 1932.

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

Proceeding under the Workmen's Compensation Law by Mrs. Bettie E. Hill for the death of James M. Hill, her husband, claimant, opposed by Ross R. Wolf, employer, and the Georgia Casualty Company, insurer. To review the judgment of the Court of Civil Appeals for the insurer [30 S.W.(2d) 1055], reversing the judgment of the trial court, claimant brings error.

Affirmed.

Oxford & McMillan, of Stephenville, for plaintiff in error.

Touchstone, Wight, Gormley & Price, of Dallas, for defendant in error.

HARVEY, P. J.

This is a proceeding instituted by Mrs. Bettie Hill, under the Workmen's Compensation Law, to recover compensation for the injury and resulting death of her husband. The policy involved was issued by the Georgia Casualty Company to Ross R. Wolf, as employer, who conducted a nursery near the town of Stephenville, in this state. The policy is in the standard form of a workman's compensation policy, as prescribed by the state authorities. By the express provisions of the policy, the class of employees of Wolf, in his nursery business, to which the protective provisions of the policy applied, were "Nurserymen—including Drivers, Chauffeurs and their Helpers." The policy provided, in substance and effect, that the casualty company would pay compensation, under the workmen's compensation statutes, to any of such employees for injuries received in the course of his employment, or to his dependents in case of his death from such injuries. The compensation statutes were, by reference, incorporated into the policy. James M. Hill was an employee of Wolf, and his employment engagement comprehended the performance of every character of work, which pertained to the nursery business of Wolf, except the budding of pecan trees. The nursery of Wolf was conducted for the propagation and sale of pecan trees; and the proceeds of the business amounted to some $30,000 annually. The place where the nursery was located consisted of 227 acres of land; about 125 acres being in cultivation. About 40 acres were planted in pecan stock, a small acreage was used for growing vegetables for home use, and for feeding the nursery hands, and the rest of the cultivated lands was devoted to the growing of peas, for the primary purpose of building up the soil for the growing of pecan trees thereon. In connection with the nursery business, Wolf kept on the place a number of milk cows and a heifer. The droppings from these animals were used in fertilizing the soil where the pecan trees grew. The milk taken from the cows, together with the butter derived therefrom, was consumed by Wolf and his family, and by the nursery hands on the place. Wolf lived on the place, and boarded the nursery hands. Included among the various duties of James M. Hill were the handling and care of the cows and heifer, the milking of the cows, etc. On February 26, 1929, Wolf directed Hill to take the heifer to a neighboring place for the purpose of breeding her to a bull. In compliance with the instructions of Wolf, Hill put a rope around the heifer's neck, and led her out onto the highway, which adjoined the Wolf place, for the purpose of taking the heifer to the other place where the bull was. On reaching the highway, the heifer became somewhat confused, and Hill, while attempting to manage her, and lead her to the other place, was struck and injured by an...