The Southern Underw't'rs v. Wheeler

Mr. Judge Taylor

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

This is a workmen’s compensation case in which C. F. Wheeler, the claimant, defendant in error here, sued Southern Underwriters, the insurer, plaintiff in error, to set aside an award of the Industrial Accident Board and for- compensation as an employee of Lee L. Wheeler. Judgment in the trial court was in favor of the claimant and was affirmed by the Court of Civil Appeals. 108 S. W. (2d) 846.

The case is before us upon application of the insurer. At the time of granting the writ it was ordered that the cause be…