New York Casualty Co. v. Wetherell

BORAH, Circuit Judge.

Mrs. Wetherell sought recovery under the Texas Workmen’s Compensation Law, Vernon’s Ann.Civ.St. art. 8306 et seq., against New York Casualty Company, as insurer, for the death of her husband Thomas W. Wetherell, an employee of A. J. Schill Company. At the close of the evidence the insurance carrier moved for an instructed verdict. The court overruled the motion and submitted to the jury the one issue as to course of employment at the time of the injury. The jury found that the decedent was in the course of his employment when he received the injuries resulting in his…