Texas Employers' Ins. Ass'n v. Eubanks

CRAMER, Justice.

This is' a proceeding to recover workman’s compensation, instituted by appellee J. L. Eubanks as employee of Gillette Motor Transport Company, employer, against appellant as insurer. Appellee was -employed at employers’ place of business and office in Dallas as a nightwatchman at the time of the alleged accident. He alleged and testified that about 9:00 to 10:00 P. M. on a night early in January 1945, while on duty, he punched,-with a pistol, a loose scantling hanging overhead in an effort to get it down and' keep it from falling and hurting some one; that in doing so, it fell…