Hartford Accident & Indemnity Co. v. Christensen

CODY, Justice.

On April 24, 1946, while working as a welder in Alvin, Texas, a piece of steel flew into plaintiff’s right eye, resulting in the total loss of its use. On September 4, 1946, plaintiff brought a common law action to recover damages for the loss of the sight of his eye, alleging that its loss was proximately due to the negligence of his employers who, he alleged, were defendants Aaberg and Passmore. Said damage suit was numbered 30434 and on the docket of the district court of Brazoria County.

Thereafter plaintiff filed his claim for workmen’s compensation benefits with the…