Liberty Mutual Insurance Company v. Upton

OPINION

BREWSTER, Justice.

This appeal is by the insurance carrier, Liberty Mutual Insurance Company, from a judgment awarding the children of Mrs. Ruth Upton, deceased, death benefits under the Texas Workmen’s Compensation Law by reason of Mrs. Upton’s death while employed by Monnig’s Dry Goods Store in Fort Worth, Texas. The trial below was non-jury.

Mrs. Upton was employed as a saleslady in the infant’s department of the dry goods store. On January 8, 1971, while she was on the job on the store premises in the department where she worked and while she was talking over the telephone on company…