Querner v. De Spain

POPE, Justice.

Donald DeSpain sued W. A. Querner, his employer, for personal injuries and the jury awarded him $35,000. Querner, though eligible, did not have Workmen’s Compensation Insurance, and hence he could not defend upon the basis of contributory negligence, the negligence of a fellow servant, or the voluntary assumption of risk. Sec. 1, Art. 8306, Vernon’s Tex.Civ. Stats. Querner argues that the burden was on DeSpain to prove causation, and that the court erred in failing to define new and independent cause in the charge, in failing to submit a sole proximate cause issue, and in…