[DOWNLOAD] "Travelers Ins. Co. v. Warrick." by United States Court Of Appeals Fifth Circuit. # eBook PDF Kindle ePub Free

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eBook details

• Title: Travelers Ins. Co. v. Warrick.
• Author : United States Court Of Appeals Fifth Circuit.
• Release Date : January 16, 1949
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

This is an action for death benefits under the Workmens Compensation Law of Texas, Vernons Ann.Civ.St. art. 8306 et seq., brought by the widow of a deceased employee against Appellant as the insurance carrier of the Gulf Oil Corporation, the employer. The deceased, Joe Warrick, was employed to operate a mule-drawn mower in cutting grass on the Oil Companys property. On the morning of June 10, 1947, he reported for work as usual - ostensibly in good health - changed clothes, and mowed grass in a designated area until lunch. He ate his lunch at the "Victory Garden" about "five blocks" - according to a witness - from the area where he was to cut grass that afternoon. After lunch he proceeded to this area in the company of five other employees who did the same type work as Warrick, and they started cutting grass in a pattern of about one city block each. When their mowers would come close enough, they would yell and joke at each other from a distance. Warricks helper left him to get some water at a place approximately one-half mile from where Warrick was mowing. When he returned some thirty-five minutes later, Warricks body had been discovered by fellow employees who, upon noticing that Warricks team had remained immobile for an unusual length of time, investigated and discovered his lifeless body, lying face down on the mown grass, with clothing unburned and intact, his hat and gloves on and his whip draped across his shoulder. His body lay behind his mower and in the swath it had cut. The mown grass was undisturbed, indicating the absence of any jactations of his body in death agony or in struggle. A Company doctor, who was summoned promptly, pronounced Warrick dead from a cause or causes not then known. The body remained in the area until after a preliminary inquest was held by a Justice of the Peace. Several people attempted to ascertain positive proof as to the cause of death but were unsuccessful. After the body was removed to a funeral home, an autopsy was performed by Dr. Williford, a specialist in pathology. His report stated that the death was caused by "third degree burns and inhalation suffocation, means and manner unknown". Although other persons were working in the same general area they neither heard any explosion or outcry nor detected any unusual odors or gases. When the investigators arrived, the mules, still hitched to the mower, unharmed and unagitated, were standing nearby, patiently awaiting their driver who never returned.

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