Fidelity & Casualty Co. v. Neas

SIBLEY, Circuit Judge.

The case is one of compensation for the death of John H. Neas under the Workmen’s Compensation Law of Texas (Vernon’s Ann.Civ.St.Tex. art. 8306 et seq.). The main question is whether the evidence authorized submission of the claim to the jury.

It is uncontested that Neas, 36 years old and weighing 160 pounds, was for 14 years a lineman of the Houston Lighting & Power Company, and accustomed to climbing electric light poles. He had been suffering with high blood pressure. On Nov. 17, 1934, the plaintiff’s evidence showed him in the line of his duty ascending one pole and…