Cases

This case was tried on an agreed statement of facts which may be summarized, for the purposes of this opinion, as follows: The Hartburg Lumber Company, on June 5, 1919, operated a sawmill at Hartburg, Texas, employing about seventy-five men, including L. Behnken, and carried an insurance policy obligating plaintiff in error to pay the compensation provided by the Texas Workmen's Compensation Act for the death of any employee of the Company. The town consisted entirely of the Har

NUMBER 13-18-00443-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG CITY OF CORPUS CHRISTI, Appellant, v. MARIE MULLER AND DEAN MULLER, Appellees. On appeal from the County Court at Law No. 4

MEMORANDUM OPINION No. 04-09-00671-CV Lori L. COLLINS, Appellant v. INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, Appellee From the 166th Judicial District Court, Bexar County, Texas

OPINION HOLLIS HORTON, Justice In this permissive appeal, we address whether a trial court or an intermediate appellate court, in the first instance, should expand the doctrine of vicarious liability by utilizing the “access doctrine”1 to hold a business vicariously liable for the negligence of its employee, who, while commuting to work, was involved in an auto-pedestrian colli

Justice JOHNSON, joined by Justice LEHRMANN, concurring. Although I agree the trial court erred by giving a definition of “producing cause” that did not include a “but for” element, I respectfully disagree with part of section III of the Court’s opinion. For three reasons, including both procedural and substantive matters, I do not agree with the Court’s holding that the producing cause

BATEMAN, Justice (dissenting). With due deference, I wish to record my dissent. I thought we went as far as we could reasonably be expected to go in extending the “access doctrine” as an exception to the “going and coming rule” in Kelty v. Travelers Insurance Company, 391 S.W.2d 558 (Tex.Civ.App. — Dallas 1965, writ ref’d n. r. e.). But now the majority has gone a step further in holding that an employee, simply

666 S.W.2d 286 (1984) TEXAS EMPLOYERS INSURANCE ASSOCIATION, Appellant, v. Rodrigo CAMPOS, Appellee. No. A14-82-896CV. Court of Appeals of Texas, Houston (14th Dist.). January 19, 1984. *287 Mike Morris, James H. Limmer, Tekell, Book & Matthews, Houston, for appellant. James Boanerges, Houston, for appellee. Bef

568 S.W.2d 904 (1978) Genevie STOUT, Appellant, v. INTERNATIONAL INSURANCE COMPANY, Appellee. No. 17990. Court of Civil Appeals of Texas, Fort Worth. June 22, 1978. Rehearing Denied July 27, 1978. Banner, McIntosh & Dobbs and Ed McIntosh, Wichita Falls, for appellant. Whitten, Sprain, Price, Wagner & Edwards and Richard M. Price, Abil

OPINION In this worker's compensation case, the main issue is whether the injuries were sustained in the course of the employment. The employee was on her employer's parking lot, going to her car at night after her work, and was injured by a purse snatcher. Trial was to a jury, which determined that the injury was received in the course of the employment. We affirm the judgment which was entered for the employee. All of the facts were established by the Plainti

604 S.W.2d 346 (1980) TEXAS EMPLOYERS' INSURANCE ASSOCIATION, Appellant, v. Ruth Burns DEAN, Appellee. No. 6925. Court of Civil Appeals of Texas, El Paso. July 16, 1980. *347 Diamond, Rash, Anderson, Leslie & Smith, Charles E. Anderson, El Paso, for appellant. Malcolm McGregor, Philip T. Cole, El Paso, for appellee.

397 S.W.2d 904 (1965) The HANOVER INSURANCE COMPANY, a Corporation, Appellant, v. Charles James JOHNSON, Appellee. No. 4427. Court of Civil Appeals of Texas, Waco. December 16, 1965. Rehearing Denied January 6, 1966. *905 Jones, Boyd, Westbrook & Lovelace, L. Wayne Scott, Waco, for appellant. W. Lance

645 S.W.2d 534 (1982) The STANDARD FIRE INSURANCE COMPANY, Appellant, v. Lucy G. RODRIGUEZ, Appellee. No. 16788. Court of Appeals of Texas, San Antonio. November 24, 1982. Rehearing Denied January 13, 1983. *535 Joe Meador, Thomas Stevens, San Antonio, for appellant. Richard Knutson, San Antonio, for appel

NICKELS, J. A judgment for compensation as for death “resulting from injury” (section 8, art. 8306, R. S. 1925) was reversed and judgment rendered for the insurer by the honorable Court of Civil Appeals, Ninth District, 296 S. W. 688. The case is properly and fully stated in that opinion. The matters assigned are discussed below. Compensable death must have for its foundation “injury” (section 8, art. 8306) of

This is a workmen's compensation suit instituted by E. V. England against the Aetna Casualty Surety Company claiming 149 weeks compensation for an injury alleged to have been sustained by him while in the course of his employment with E. I. dupont de Nemours Company, hereinafter referred to as Dupont Company, in Orange County, Texas. The trial was had before a jury who found for plaintiff on all issues submitted, awarding him compensation for 149 weeks at the rate of $19.20 per week. Judgme

The question presented by this appeal is: Can compensation be allowed where an employee, as he alights from a street-car 5. See 27 Cal. Jur. 344, 347, 336, 369. 6. See 28 R.C.L. 822. *Page 529 on a public highway, is struck by an automobile? The transportation and the use of the street by the employee being no part of the employment. The employee's duties not requiring any greater use of the street and exposure to

HOLMES, Circuit Judge. Appellant is the widow of Ray Hundley, deceased, and his sole beneficiary under the Workmen’s Compensation Law of Texas (Rev.St.1925, art. 8306, as amended [Vernon’s Ann.Civ.St. art. 8306 et seq.]). At the time of his death, he was employed by the Continental Oil Company as a retail and wholesale distributor of its products over a large area, including Denton, Tex., where he was fatally burned by flame

VAUGHAN, J. This is a compensation suit, the judgment appealed from having been rendered in the following eauses duly consolidated, oviz.: No. 82427, Ætna Life Insurance Company v. Mrs. Jessie Matthews, Jack Matthews, and Anita Matthews; and No. 92429-A, Joan Matthews, by Next Friend, etc., v. Ætna Life Insurance Company. All proceedings had, leading up to and including the consolidation of said causes, not being in any resp

PITTS, Chief Justice. This is an appeal from a judgment rendered upon a jury verdict in a workman’s compensation action filed originally by ap-pellee, Raymond Blessen, against appellant, Texas Employers’ Insurance Association, seeking disability benefits by reason of an alleged injury he sustained on July 14, 1955, while employed by Texas Sand and Gravel Company which is engaged in business in Potter County, Texas, with appell

This is a workmen's compensation case. On July 22, 1938, Valentine C. Wright received burns which resulted in his death two days later. At the time of his injury Wright was an employee of Magnolia Pipe Line Company. Safety Casualty Company was such employer's compensation insurance carrier. Mrs. Daisy Wright, surviving widow of Valentine C. Wright, deceased, on behalf of herself, and one behalf of the three minor children of herself and the deceased, duly filed claim for compensation with the