Fowler v. Texas Employers' Ins. Ass'n

McDONALD, Chief Justice.

Appellants Fowler and wife sued ap-pellee for workmen’s compensation because of injuries suffered by Mrs. Fowler, and in the alternative sued her employer for damages. Following motion by appellee for summary judgment. Rule 166-A, Texas Rules of Civil Procedure, the suit against the employer was severed from the compensation suit, and judgment was rendered in the compensation suit that appellants take nothing.

The motion for summary judgment was based primarily on the testimony of Mrs. Fowler, given in an oral deposition several months before the summary judgment…