Service Mutual Insurance Co. of Texas v. Blain

Mr. Judge Taylor

delivered the opinion of the Commission of Appeals, Section B.

In this case Mrs. Bertha Blain (hereafter called plaintiff), wife of J. H. Blain, deceased, sought recovery for herself and minor children of workmen’s compensation against The Service Mutual Insurance Company of Texas. The trial court sustained a general demurrer to the petition and the Court of Civil Appeals reversed and remanded the cause. 159 S. W. (2d) 538. '

It appears from the trial petition (plaintiff’s second amended) that the employer of Mr. Blain was Jones Fine Bread Company, which was engaged in the…