Ætna Casualty & Surety Co. v. Sparrow

2 Citing cases

  1. Jacoby v. Texas Emp. Ins. Ass'n

    318 S.W.2d 921 (Tex. Civ. App. 1958)   Cited 7 times
    In Jacoby, the court of civil appeals affirmed a judgment non obstante veredicto for the reason that there was no evidence that the worker's injury was a producing cause of his death.

    ' The Burnett case was followed in Aetna Casualty & Surety Co. v. Sparrow, Tex.Civ.App., 122 S.W.2d 286. In that case a young (Negro) boy had tuberculosis, which according to the record was probably hereditary.

  2. Bewley v. Texas Employers Ins

    568 S.W.2d 208 (Tex. Civ. App. 1978)   Cited 6 times
    Stating that pneumonia is an ordinary disease of life to which the general public is exposed

    It has been the uniform holding of the courts of our State that illnesses like cold, sore throat, and pneumonia resulting solely from exposure to rain, wind, wetting, and cold weather in the course of employment are not "personal injuries" or "diseases or infections as naturally result therefrom" within the meaning of the workmen's compensation statute, although the evidence in the cases showed that by reason of the employment the employee's exposure to the elements causing his illness was traceable to a definite time, place, and event, and was greater than the exposure of the public generally. Texas Employers' Ins. Ass'n v. Jackson, 265 S.W. 1027, 1029 (Tex.Com.App. 1924, judgment adopted); Amann v. Republic Underwriters, 100 S.W.2d 778, 780 (Tex.Civ.App. Fort Worth 1937, no writ); Cunningham v. Fidelity Casualty Co. of New York, 102 S.W.2d 1106, 1107 (Tex.Civ.App. San Antonio 1937, writ dism.); Aetna Casualty Surety Co. v. Sparrow, 122 S.W.2d 286, 288 (Tex.Civ.App. Beaumont 1938, writ dism). Those decisions are to be distinguished from holdings which permit recovery for pneumonia, tuberculosis and other respiratory diseases which follow as the result of sudden, accidental inhalation of heavy volumes and concentrations of noxious gases, dust, metal filings or other foreign substances which cause damage to the lungs.