Employers Mut. Casualty Co. v. Johnson

HOLMES, Circuit Judge.

This appeal is from a judgment of the district court, entered upon the verdict of a jury for the plaintiff, Plenie Johnson, in an action against his employer’s insurer under the Workmen’s Compensation Law of Texas, Vernon’s Ann.Civ.Stat. art. 8306 et seq. The complaint alleged the following facts:

On or about December 20, 1950, the appellee, while working as a day laborer for Bell Bottom Foundation Company in Gray- son County, Texas, was struck on his left cheekbone by a hammer head, which slipped from the handle of a hammer being used by a fellow employee. His skull was…