Highlands Underwriters Insurance Co. v. McGrath

OPINION

WARD, Justice.

This is a workmen’s compensation case which centers on “the third person’s intentional act” exception of Article 8309, Tex. Rev.Civ.Stat.Ann., Section 1. The compensation claimants are the surviving widow and minor daughter of the deceased employee, David McGrath, Jr., who was killed by a shotgun wound on February 1, 1966. From the adverse jury verdict, the carrier has appealed. The judgment of the trial Court is reversed and rendered.

The statute provides that:

“The term ‘injury sustained in the course of employment,’ as used in this Act, shall not include:

2. An injury…