Texas Supreme Court

Mrs. Grant C. Smith v. Texas Employers' Insurance Association.

May 12, 1937129 Tex. 573

Summary

Mrs. Grant C. Smith appealed the denial of workers’ compensation for her husband's death. The Texas Supreme Court affirmed the Court of Civil Appeals, holding that the employee's fatal automobile accident, occurring while he was returning from a personal meal in his own vehicle and not performing a specific employment duty, was not compensable under the Workers’ Compensation Law. The Court relied on the statutory requirement that an injury must arise out of and be of a kind related to the employer's business, and on the established exception that street‑risk exposure compensates only when the employee is engaged in a particular duty that inherently involves street hazards.