J. M. Dellinger, Inc. v. McMillon

OPINION

NYE, Justice.

This is a personal injury suit arising out of a one vehicle accident. The suit was instituted by Claude W. McMillon against J. M. Dellinger, Inc., a road building contractor. Liberty Mutual Insurance Company intervened to recover workmen’s compensation benefits which it had paid to McMillon. After the suit had been filed, McMillon died from a heart condition and his wife, Agnes M. McMillon continued the suit under the Texas Survival Act. (Art. 5525, Vernon’s Ann. Civ.St.).

The case was tried to a jury which answered various special issues convicting the defendant of…