Texas Employers Insurance Ass'n v. Smith

CHADICK, Chief Justice.

This is a Workmen’s Compensation Law (Vernon’s Ann.Tex.Rev.Civ.Stat.Ann. art. 8306, et seq.) case. Texas Employers’ Insurance Company is appellant, and Jerry Wayne Smith’s wido.w, Nora, and his five children are appellees. The insurance association is the insurance carrier for Tal-Tex Drilling and Production Company, Inc. The case is prosecuted on the theory that Jerry Wayne Smith was an employee of Tal-Tex, working in the course of his employment when he was fatally injured in the crash of a light airplane.

Unless the evidence is legally sufficient to support the jury’s…