Bituminous Casualty Corporation v. Lettie Mae Ligon

JOHN R. BROWN, Circuit Judge.

This is an appeal from a judgment awarding death benefits under the Texas Workmen’s Compensation Act after a trial by the Court without a jury. Only two matters are presented.

The first has to do with the status of Ligón, the decedent. The Insurer insists that as Ligón was regularly employed by the Employer as a long-haul over-the-road driver whose earnings were dependent on mileage driven and who had actually been off work for a week or so on account of a heart condition, his act of delivering some meat to a customer was that of a volunteer. He was not, therefore,…