Texas Emp. Ins. Ass'n v. Smith
| Decision Date | 14 December 1950 |
| Docket Number | No. 12221,12221 |
| Citation | 235 S.W.2d 234 |
| Parties | TEXAS EMPLOYERS INS. ASS'N v. SMITH et al. |
| Court | Texas Court of Appeals |
McAlister & Tucker and R. A. McAlister all of Nacogdoches, for appellant.
Fulmer & Fairchild and Robert C. Barnett all of Nacogdoches, for appellees.
This appeal in a workmen's compensation suit was brought by appellees, the surviving wife and son of M. G. (Mug) Smith, deceased, for recovery from appellant, Texas Employers Insurance Association, of compensation for his death in the course of his employment with Nacogdoches County Lumber Company, which carried compensation insurance with appellant.
Appellant in its answer denied that the deceased died as a result of an accidental injury sustained while an employee of Nacogdoches County Lumber Company. They alleged that his death was due solely to a condition disassociated with his employment.
In answer to special issues submitted a jury found, in substance, that the deceased sustained an accidental injury which caused his death while in the course of his employment with Nacogdoches County Lumber Company; and that it was not caused by disease disconnected with the injury. A lump-sum settlement was found to be proper. Judgment was rendered by the trial court in accordance with the jury's verdict.
Appellant's motions for an instructed verdict and for judgment non obstante veredicto were refused by the trial court.
The record reflects that at the time of his death M. G. (Mug) Smith was employed as a shipping clerk by Nacogdoches County Lumber Company. He was fifty-seven years of age and apparently in good health prior to his death. He was extremely busy for the two weeks prior to his death in filling some government orders and in addition to his duties as shipping clerk had taken over the duties of other employees of the company which required considerable physical exertion. Medical witnesses introduced by appellees testified that the deceased's death was due to coronary thrombosis and coronary occlusion and that over-exertion had probably contributed to his condition.
Under its first eight points of error, appellant complains of the alleged error of the trial court in overruling its motions for an instructed verdict and for judgment non obstante veredicto for the alleged reason that there was no evidence in the record that the deceased had sustained an accidental injury, in the course of his said employment within the purview of the Workmen's Compensation Law, which could have caused his death.
It is the settled law in this state that, in a suit under the Workmen's Compensation Act, Vernon's Ann.Civ.St. art. 8306 et seq., for compensation for the death of an employee, the questions as to whether the deceased received an accidental injury in the course of his employment which caused his...
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