neutral
Cited (no substantive treatment)
published
0.6 score
Treatment trajectory · 1927 → 2026 · click a year to view as-of
1927
1976
2026
Cited for
No citing cases on record.
Retrieving the full opinion text from the archive…
United States Fidelity & Guaranty Co.
v.
Mrs. W. C. Rochester Et Al.
v.
Mrs. W. C. Rochester Et Al.
Application No. 14585..
Texas Supreme Court.
Apr 7, 1926.
Published opinion
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.
Curiabi.
Cited by 1 opinion | Published
PER CURIABI.
This case was rightly decided by the Court of Civil Appeals (281 S. W. 306) under the principle announced in the opinion of this court in the case of Cassell et al. v. United States Fidelity & Guaranty Company (Tex. Sup.) 283 S. W. 127, this day determined.