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  • Seay, Seay, Malone Lipscomb, and Wantland, Glasgow Dickey, for petitioner. Where at the conclusion of the testimony the undisputed evidence showed that the death of the deceased was the result of an act of God, to-wit: a stroke of lightning, and further showed that at the time of his death the deceased was not engaged in the performance of duties which subjected him to a greater hazard from said act of God than ordinarily applied to the general public, it was reversible error to refuse this plaintiff of error's request for a peremptory instruction in its favor. Marshburn v. Stewart, 256 S.W. 575; Payne v. Harris, 241 S.W. 1008; Guisti v. Galveston Tribune, 105 Tex. 497, 152 S.W. 167; Texas Employers Ins. Assn. v. Downing, 218 S.W. 112; Gulf, etc., R.R. Co. v. State, 72 Tex. 404, 10 S.W. 81; Miller Co. v. Texas, etc., R.R. Co., 83 Tex. 518, 18 S.W. 594; Rainey Hamon v. Hamilton White, 234 S.W. 229; Emmich v. Hanrahan Brick Ice Co., 201 N.Y.S., 638; Wiggins v. Industrial Accident Board, 170 P. 9; Chiulla de Luca v. Board of Park Commissioners, 107 A. 611; Madura v. Bronx Parkway Commission, 144 N.E. 505; State on Relation of Peoples Coal Ice Co. v. District Court, Ramsey County, 153 N.W. 119; Andrew v. Failsworth I. Society, 2 K.B., 32, 90 L.P., 611; State Road Commission v. Industrial Comm. of Utah, 190 P. 544; Klawinski v. Lake Shore M.S. Ry. Co., 152 N.W. 213; Griffith v. Cole Bros., 165 N.W. 577, L.R.A., 1918F, 923; Kelley v. Kerry County Council, 13 B.W.C.C., 194; Thier v. Widdifield, 178 N.W. 16; Hoenig v. Industrial Commission, 150 N.W. 996. E.W. Napier, for defendant in error.
Judges
  • PER CURIAM:
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Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
  • Seay, Seay, Malone Lipscomb, and Wantland, Glasgow Dickey, for petitioner. Where at the conclusion of the testimony the undisputed evidence showed that the death of the deceased was the result of an act of God, to-wit: a stroke of lightning, and further showed that at the time of his death the deceased was not engaged in the performance of duties which subjected him to a greater hazard from said act of God than ordinarily applied to the general public, it was reversible error to refuse this plaintiff of error's request for a peremptory instruction in its favor. Marshburn v. Stewart, 256 S.W. 575; Payne v. Harris, 241 S.W. 1008; Guisti v. Galveston Tribune, 105 Tex. 497, 152 S.W. 167; Texas Employers Ins. Assn. v. Downing, 218 S.W. 112; Gulf, etc., R.R. Co. v. State, 72 Tex. 404, 10 S.W. 81; Miller Co. v. Texas, etc., R.R. Co., 83 Tex. 518, 18 S.W. 594; Rainey Hamon v. Hamilton White, 234 S.W. 229; Emmich v. Hanrahan Brick Ice Co., 201 N.Y.S., 638; Wiggins v. Industrial Accident Board, 170 P. 9; Chiulla de Luca v. Board of Park Commissioners, 107 A. 611; Madura v. Bronx Parkway Commission, 144 N.E. 505; State on Relation of Peoples Coal Ice Co. v. District Court, Ramsey County, 153 N.W. 119; Andrew v. Failsworth I. Society, 2 K.B., 32, 90 L.P., 611; State Road Commission v. Industrial Comm. of Utah, 190 P. 544; Klawinski v. Lake Shore M.S. Ry. Co., 152 N.W. 213; Griffith v. Cole Bros., 165 N.W. 577, L.R.A., 1918F, 923; Kelley v. Kerry County Council, 13 B.W.C.C., 194; Thier v. Widdifield, 178 N.W. 16; Hoenig v. Industrial Commission, 150 N.W. 996. E.W. Napier, for defendant in error.
Judges
  • PER CURIAM:
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Smart Summary

UNITED STATES FIDELITY GUARANTY COMPANY v. MRS.W.C. ROCHESTER ET AL.

Workmen's Compensation Law — Death by Lightning — Peril Peculiar to Employment.

Following the ruling in Cassell v. United States Fid. Guar. Co., ante, p. 371, the decision herein on appeal ( 281 S.W. 306) is approved, sustaining a recovery under the Workmen's Compensation Law for death of a laborer by lightning as supported by evidence that, although by act of God, it was incurred through exposure to such stroke incident to the labor at which he was employed. (P. 405.)

PER CURIAM:

This case was rightly decided by the Court of Civil Appeals under the principle announced in the opinion of this court in the case of Cassell et al. v. United States Fidelity Guaranty Company, this day determined.

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UNITED STATES FIDELITY GUARANTY CO. v. ROCHESTER
(Apr 7, 1926)