167 S.W.2d 209 | Tex. App. | 1942
This is a workman’s compensation case, with appellant, Casualty Reciprocal Exchange, the compensation insurance carrier, appellee, Jim Baloney, the employee, and Crystal Ice Company the employer. Ap-pellee alleged that on the 14th of September, 1941, he suffered a total permanent disability while stacking cubes of ice in the course of his employment. On the verdict of the jury finding that issue in his favor, and the other necessary facts, he was awarded judgment for $3,000 to be paid in a lump sum, from which appellant has regularly prosecuted its appeal.
Appellant’s first point is that it was entitled to an instructed verdict on the-ground that on the undisputed evidence ap-pellee was employed in violation of Art. 705c of Vernon’s Annotated Penal Code. On the undisputed evidence, appellee’s employer was engaged in the manufacture of ice, and appellee was injured while handling the ice. It was further established that ap-pellee at the time he was injured did not have and had not delivered to his employer the “certificate” required by Sec. 1 of Art. 705c of the Penal Code. On this statement appellant cites the following authorities in support of its proposition for an instructed verdict and for judgment non obstante
Appellant’s proposition on the refusal of the court to submit its requested issue on “temporary incapacity” was ruled against it by this court in Maryland Cas. Co. v. Abbott, 148 S.W.2d 465. These authorities Vhave been approved by our Supreme Court, and rule appellant’s proposition.
We overrule appellant’s point that it was entitled to judgment non obstante veredicto on the ground that under all the evidence appellee’s disability was due solely to old age. At the time he was injured, appellee was about 62 years old. All his life he had been doing hard manual labor, and for many years prior to his injury had worked around ice houses, pulling 300 pound blocks of ice. For seven years he worked as a laborer cleaning coke - stills. At the time he was injured he was moving a 300 pound block of ice. Prior to his injury he had worked without physical discomfort.
The judgment of the lower court is affirmed.