Aetna Casualty & Surety Company v. Brunken

GRISSOM, Chief Justice.

Appealed from the District Court of Borden County.

This is a workmen’s compensation case. Denton R. Brunken, the employee, obtained a judgment in the District Court of Borden County based on a jury verdict that he was permanently partially incapacitated by an injury he received while employed by Noble Drilling Corporation in Borden County. Aetna Casualty & Surety Company, said employer’s insurer, has appealed.

Appellant’s first point is that the court erred in overruling its plea in abatement that there was a prior suit pending between the same parties over the same cause…