Castleberry v. Frost-Johnson Lumber Co. of Texas

Appellee was a subscriber under our Workmen’s Compensation Act. (Vernon’s Ann. Civ. St. Supp. 1918, arts. 5246 — 1 to 5246 — 91). Appellant was one of its employés, and, while engaged in the discharge of his duties to appellee, received painful and severe injuries in the course of his employment, resulting in the loss of his foot. In due course of administration he was awarded compensation. He instituted this -suit against his employer on allegations of gross negligence to recover' exemplary damages. ■ The trial court sustained a general demurrer to his petition. As in our judgment the…