Texas Supreme Court

Beatrice Henderson, Petitioner v. the Travelers Insurance Company, Respondent

December 1, 197620 Tex. Sup. Ct. J. 84

Summary

The Texas Supreme Court reversed the Court of Civil Appeals and remanded the case, holding that the evidence presented was sufficient to raise a genuine issue of fact as to whether Mr. Henderson suffered strain and whether that strain was a producing cause of his fatal heart attack, rendering the trial court's directed verdict improper. The Court emphasized that a mere job description is not enough, but the combined testimony of supervisors and medical experts created enough probative force for a jury. A dissent argued the evidence was insufficient and would have affirmed the directed verdict, while a concurrence agreed with reversal but stressed the need for a probability standard.