Southern Surety Co. v. Inabnit

• Decision Date: 19 February 1930
• Docket Number: (No. 1147-5442.)
• Citation: 24 S.W.2d 375
• Parties: SOUTHERN SURETY CO. v. INABNIT et al.
• Court: Texas Supreme Court

24 S.W.2d 375

SOUTHERN SURETY CO. v. INABNIT et al.

(No. 1147-5442.)

Commission of Appeals of Texas, Section B.

February 19, 1930.

Certified Questions from Court of Civil Appeals of Eleventh Supreme Judicial District.

Action by John Inabnit and others against the Southern Surety Company. Judgment for plaintiffs, and defendant brings error to the Court of Civil Appeals, which certified a question. Question answered.

Bell & Clark, of Dallas, for appellant.

Webster Atwell, of Dallas, for appellees.

LEDDY, J.

The Court of Civil Appeals for the Eleventh Supreme Judicial District of Texas presents the following statement and question:

"In the above styled cause John Inabnit and his attorneys recovered judgment for $922.50 in the court below against the Southern Surety Company for compensation insurance under the Workmen's Compensation Act. This is the second appeal of the case. On the first appeal from a like judgment this court reversed and remanded the case. See 1 S.W.(2d) 412. Upon the present appeal the judgment of the trial court has been reversed and remanded by a divided court. There is attached hereto the majority opinion and the dissenting opinion of Chief Justice Hickman. The case is now pending upon motion for rehearing and the majority have prepared a supplemental opinion preparatory to handing down, but which has not been handed down, because of the determination to certify the case. Said supplemental opinion is also attached hereto.

"The trial court filed its conclusions of fact which are as follows:

"`The Court finds that prior to the time that the defendant John Inabnit was injured he was acting in the capacity of receiver of the Harris-Fisher Oil Company and had been acting in that capacity for several months; that for a long time prior to the date of his appointment by the Court as receiver of the Harris-Fisher Oil Company he had been employed by other receivers of the said Harris-Fisher Oil Company, to-wit, L. H. McRea who acted as receiver for the said Harris-Fisher Oil Company for approximately twelve months, and later the said defendant worked as pumper for H. C. Steel who also was appointed and acted as receiver of the said oil company for some months; that during all the time that the defendant worked in the capacity of pumper for the said McRea and the said Steel he received as compensation the sum of $150.00 per month; that after the receivership had been pending for some time and a number of the interested parties and creditors of the Harris-Fisher Oil Company became interested in reducing the expenses of the receivership, and as the production of the oil lease was small it was agreed between a large number of the creditors and approved by the Court that the defendant, John Inabnit, would serve as receiver of the estate and perform all the duties he was then performing or had been performing during the time he had been working as pumper on the lease, without additional compensation and in that way the receiver's fees or salary which the estate had theretofore been required to pay might in that way be eliminated. Under this agreement the said defendant, John Inabnit, was by the Court appointed as receiver of the said Harris-Fisher Oil Company, which position he still holds. That after his said appointment, the said incumbent continued to perform all the work and labor which he had previously performed, which was that of pumper on the Harris-Fisher Oil Company lease, receiving the same salary which he had been receiving; and after the appointment of John Inabnit as receiver he continued to receive the sum of $150.00 per month as pumper, and did not receive any sum as compensation for his services as receiver; that on or about the 23rd day of December, 1925, and after the defendant had been appointed receiver of the Harris-Fisher Oil Company, while performing his duties as pumper on the lease owned by the said Harris-Fisher Oil Company and operated under the receivership, he, the said John Inabnit, was injured by having the index finger of his right hand crushed and injured, which resulted in the stiffening of the said index finger to the extent that the same became useless, and that the injury so sustained by him is permanent.

"`That at the time the said injury was sustained by the said John Inabnit, and while he was working as a pumper as aforesaid, there was in full force and effect a policy of insurance issued by plaintiff to the Harris-Fisher Oil Company, which policy was issued first to L. H. McRea, receiver of the Harris-Fisher Oil Company, and later when the said McRea was succeeded by H. C. Steel as receiver of the said estate, the policy of insurance was transferred to H. C. Steel, and later when the said Steel was succeeded by John Inabnit, the defendant herein, the policy of insurance, by consent of all concerned, was transferred to John Inabnit as receiver for the Harris-Fisher Oil Company.

"`That at the time of the injury and for more than twelve months prior to that date the defendant, John Inabnit, was drawing the sum of $150.00 per month and said defendant had been working constantly during said period of time.

"`That said John Inabnit has actually expended the sum of $22.50 for medical services and doctor bills as a result of his injury.

"`That after the said accident on the said 23rd day of December, the said John Inabnit was unable to perform any character of labor for a period of ten weeks.

"`The Court finds that defendant, John...