American Surety Co. of New York v. Rushing

DAVIS, Justice.

A workmen’s compensation case. Ap-pellee was injured on March 21, 1958. Appellant defended on the grounds that ap-pellee had suffered no injury and plead that the sole cause of any disability was due to an injury that appellee received in a fight at a tavern on or about June 25, 1958. In the alternative, appellant alleged that 95% of the appellee’s disability was caused by the fight.

The case was tried before a jury. The jury found in favor of the appellee; and, that 50% of appellee’s disability was caused by the fight. The jury further found that appellee’s disability was not…