Hartford Accident & Indemnity Co. v. Baugh

STRUM, District Judge.

Appellee, as plaintiff below, sued under the Texas Workmen’s Compensation Act (Vernon’s Ann.Civ.St.Tex. art. 8306 et seq.) to recover for alleged total and permanent disability resulting from an industrial injury.

On December 15, 1934, Baugh was shoveling dirt out of a ditch about three feet wide at the bottom and seven feet deep, when the side of the ditch caved in while Baugh was leaning over in a stooped position, covering him up to the waist, or a little above, with rough gravel and wet dirt. When the dirt struck Baugh, he noticed a shortness of breath, a severe pain…