Texas Supreme Court

Emery Eugene Bailey v. American General Insurance Company

May 11, 1955154 Tex. 430

Summary

The Texas Supreme Court held that the plaintiff's nervous disorder constitutes "damage or harm to the physical structure of the body" within the statutory definition of injury, and therefore reversed the Court of Civil Appeals, remanding for further proceedings. The Court adopted a liberal construction of the Workmen's Compensation Act, emphasizing remedial purpose. Justice Walker, joined by Justice Calvert, dissented, arguing that the statutory definition should be read narrowly and that the majority's construction renders the definition inoperative.