Legal Opinion

Texas Employers' Ins. Ass'n v. Downing

Court of Appeals of Texas

Decided November 26, 1919No. 1575Published

Appeal from District Court, Potter County ; Henry S. Bishop, Judge. Suit by Thomas Downing against the Texas Employers' Insurance Association to set aside an award of the Industrial Accident Board, allowing plaintiff compensation under the Workmen’s Compensation Law, and to recover compensation in a lump sum for injury sustained while working for Alex and Sam Davidson. Judgment for plaintiff, and defendant appeals.

1Opinion

On Motion for Rehearing.

[19] Appellee, in his motion for rehearing, calls our attention to the fact that the proceedings of the trial court, in respect to the motion to require a physical examination of the plaintiff, are not embodied in a formal bill of exceptions, but are preserved in the record only by the motion itself and order overruling it, which recites therein an exception on the part of the defendant, copied separately in the transcript, the statement of the evidence heard on the motion appearing in the statement of facts. Appellee now asserts that we were without authority to…

2Cases cited7 opinions

  1. Ara v. RutlandCourt of Appeals of Texas · 1915
  2. Supreme Lodge of Pathfinder v. JohnsonCourt of Appeals of Texas · 1914
  3. Underwood v. Texas & P. Ry. Co.Court of Appeals of Texas · 1915
  4. Dixon v. CooperCourt of Appeals of Texas · 1915
  5. H. & T. C. R'y Co. v. PooleTexas Supreme Court · 1885

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