Legal Opinion

McGuire Cavender v. Edwards

Court of Appeals of Texas

Decided March 31, 1932No. 4146PublishedCited by 2 opinions

1Opinion of the Court

There is presented for decision on appeal the points that in the circumstances (1) the appellants were not amenable to the Workmen's Compensation Law of Texas, and (2) the action was a cause of action governed and controlled exclusively by the laws of the state of Arkansas, which are so dissimilar to the laws of Texas that the courts of this state cannot entertain jurisdiction to try the same, and (3) the negligence of the truck driver, as found by the jury, were acts of a fellow servant, which was a defense under the laws of Arkansas, and (4) assumed risk was applicable, which doctrine was…

2Cases cited15 opinions

  1. McGuire v. Phelan-Shirley Co.Nebraska Supreme Court · 1924
  2. Kirby Lumber Co. v. ScurlockTexas Supreme Court · 1922
  3. Pecos & Northern Texas Railway Co. v. ThompsonTexas Supreme Court · 1914
  4. Jones v. Casualty Reciprocal Exch.Court of Appeals of Texas · 1923
  5. Tex. Employers' Ass'n v. PriceCourt of Appeals of Texas · 1927

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3Cited by2 opinions

  1. Fritzmeier v. Texas Employers' InsuranceTexas Supreme Court · 1938
  2. Lazenby v. HMT Construction Services, Inc.Court of Appeals of Texas · 1997

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