American General Insurance v. Jones

In this workmen’s compensation case we must first decide whether there is any evidence to support a jury finding that the deceased was acting within the scope of his employment at the time of his death and then determine the admissibility of certain testimony.

The rules of law are familiar. The Court of Civil Appeals' has affirmed a trial court’s judgment for the claimant in an opinion reported at 250 S.W. 2d 663.

As a factual defense the carrier vigorously contended that the deceased was intoxicated, but it did not gain the point before the jury.

Deceased was a nightwatchman for the Gulf…