Legal Opinion

Vaughan v. Southwestern Surety Insurance Co.

Texas Supreme Court

Decided December 11, 1918No. 3065PublishedCited by 27 opinions

Error to the Court of Civil Appeals for the Ninth District in an appeal from Jefferson County. Ed Blood, an unmarried man, was killed by accident while in the employ of the Merrimac Oil Company.

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Error to the Court of Civil Appeals for the Ninth District in an appeal from Jefferson County. Ed Blood, an unmarried man, was killed by accident while in the employ of the Merrimac Oil Company. That corporation had entered into a contract with the Southwestern Surety Insurance Company for the compensation of its employes for accidental injuries, under the terms of the Employers’ Liability Act of April 16, 1913. Deceased left no parent or child surviving, his heirs being two brothers and two sisters. Vaughan as attorney for the heirs filed suits in the County and Justice Courts to recover the…

1Opinion of the CourtChief Justice Phillips

In fixing the compensation to be paid for injury to an employe of an subscribing employer, sustained in the course of his employment and resulting in death, the Workmen’s Compensation Act of 1913 omitted any express designation of the beneficiaries entitled to receive the compensation. It merely declared (section 8) that it should be paid to “the legal- beneficiary” of the deceased employe, with a proviso in the following language:

“Provided, that the compensation herein provided for shall be distributed according to the law providing for the distribution of other property of deceased.”

The…

2Cited by27 opinions

  1. Board of Insurance Commissioners v. Guardian Life InsuranceTexas Supreme Court · 1944
  2. San Antonio General Drivers, Helpers Local No. 657 v. ThorntonTexas Supreme Court · 1957
  3. McGregor v. ClawsonCourt of Appeals of Texas · 1974
  4. Southern Surety Co. v. WeaverTexas Commission of Appeals · 1925
  5. Associated Indemnity Corp. v. BillbergCourt of Appeals of Texas · 1943

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