Mary Lillian Smith and Texas Employers Insurance Association v. W. C. Henger, Doing Business as Henger Construction…

Summary

The Texas Supreme Court held that the widow could properly substitute for her deceased husband in the writ of error, that the insurer had jurisdiction to prosecute the appeal, that Henger, as general contractor, owed a duty of reasonable care to keep the construction site safe, that the evidence supported a finding of negligence and proximate cause, and that the insurer was entitled to recover reasonable attorney's fees; the lower judgments were reversed and the case remanded for a new trial.