American Surety Company v. Semmons

ON MOTION FOR REHEARING

DUNAGAN, Chief Justice.

The opinion heretofore rendered by this court is withdrawn and the following substituted therefor:

This is a workmen’s compensation case tried to a jury in the 2nd Judicial District Court of Cherokee County, Texas, whereby the jury found that plaintiff, Annie B. Sem-mons, sustained an injury on or about July 18, 1963, in the course and scope of her employment for H. B. Hibberts Construction Company. The jury found that plaintiff sustained total and permanent incapacity beginning on said date.

Judgment was entered in favor of plaintiff, based upon…