McCann Construction Company v. Roberts

OPINION

MASSEY, Chief Justice.

Suit by plaintiff, Andrew Roberts, was for damages stemming from negligent tort on the part of the defendant, McCann Construction Company. Judgment against the defendant totalled $26,217.50, of which $22,150.00 was awarded to plaintiff Roberts and $4,067.50 to Liberty Universal Insurance Company, insurance carrier of plaintiff’s employer. The insurance company had paid out this amount to and in behalf of plaintiff, and subrogation rights under the Texas Workmen’s Compensation Act entitled it to recover of the defendant if plaintiff should prevail. By stipulation *558th…