National Mutual Casualty Co. v. Lowery

delivered the opinion of the Court. ’

This is a Workmen’s Compensation case. It was filed in the District Court of Fisher County, Texas, by defendant in error, Thomas Jefferson Lowery, against the plaintiff in error, National Mutual Casualty Company, hereinafter referred: to as the Casualty Company. Trial in the district court, with the aid of a jury, resulted in a verdict and judgment for Lowery. This judgment was affirmed by the Eastland Court of Civil Appeals. 135 S. W. (2d) 1044.

This record, interpreted in the light of the verdict of the jury, shows that Lowery on the 9th day of September,…