134 F.2d 537 | 5th Cir. | 1943
This appeal is from a judgment for appellee in an action under the Workmen’s Compensation Laws of Texas, Vernon’s Ann.Civ.St. art. 8306 et seq. Appellant, the employer’s compensation insurance carrier, assigns errors that may be grouped into three issues, namely: (1) Were the injuries sustained in the course of employment ? (2) Was the judgment excessive in that it exceeded the maximum award under the statute for specific injuries as distinguished from general injuries? (3) Were the special interrogatories submitted to the jury so vague and indefinite, or so incomplete, that the judgment of the court could not be legally rested upon the answers thereto ?
On March 6, 1941, appellee finished his work at 4:30 P. M., and was walking within the reservation from his working place to the time office along a roadway regularly used by employees for that purpose when two automobiles collided at an intersection, and one of them caromed into appellee and injured him. The entire enclosure was under the supervision and control of the employer.
Under the Workmen’s Compensation Law of Texas, it is not a prerequisite to recovery that the injuries be sustained during the hours of actual service or while the employee is engaged in the discharge of any particular duty incident to his employment; the injuries are sustained within the course of employment if the workman is injured while passing, with the express or implied consent of the employer, to or from his work by a way over the premises controlled by the employer.
There was evidence, introduced without objection, that general injuries, as distinguished by statute from concurrent specific injuries, were suffered by appellee; and the pleadings will be treated as amended to conform to the proof.
The record affirmatively shows that the issues were fully and fairly tried, and the judgment is affirmed.
Cudahy Packing Co. v. Parramore, 263 U.S. 418, 44 S.Ct. 153, 68 L.Ed. 366, 30 A.L.R. 532; Bountiful Brick Co. v. Giles, 276 U.S. 154, 48 S.Ct. 221, 72 L.Ed. 507, 66 A.L.R. 1402; Winder v. Consolidated Underwriters, 5 Cir., 107 F.2d 973; Lumberman’s Reciprocal Ass’n v. Behnken, 112 Tex. 103, 246 S.W. 72, 28 A.L.R. 1402; Employers Liability Assur. Corp. v. Light, Tex.Civ.App., 275 S.W. 685; Petroleum Casualty Co. v. Green, Tex.Civ.App., 11 S.W.2d 388; Federal Surety Co. v. Ragle, Tex.Com.App., 40 S.W.2d 63; Texas Employers’ Ins. Ass’n v. Anderson, Tex.Civ.App., 125 S.W.2d 674.
Rule 15(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c.