Houston Pipe Line Co. v. Peddy (292 S.W.2d 364, 1956)

CODY, Justice.

This is an action to recover damages for perosnal injuries brought against the Hous-ion Pipe Line Company by D. O. Peddy in the District Court of Brazoria County. Defendant’s motions for directed verdict .and for judgment notwithstanding the verdict were duly overruled; and upon the answers of the jury to special issues which ■convicted defendant of negligence which in turn the jury found proximately caused plaintiff’s injuries, the court rendered judgment against defendant in the sum of :$73,365. And upon the stipulation of the ■parties that in case judgment should be rendered against defendant, the court additionally rendered judgment against defendant for the further sum of $2,060, covering hospital, medical and doctor’s expenses.

However, the compensation carrier for the Barry Construction Company, for which the plaintiff was working at the time “he received his injuries, being the New Amsterdam Casualty Company, duly paid plaintiff or for his behalf the compensation benefits to which he was entitled. Amd said compensation carrier intervened in said suit seeking to recover out of any recovery of plaintiff the amount of the "benefits which it had so paid out, together with attorney’s fees. And the court awarded said intervenor the recovery of the compensation benefits for which, it .•sued, together with $500 attorney’s fees, to be taken out of such sum as plaintiff recovered.

In order to understand the points on which defendant predicates its appeal, it is here necessary to make the following statement: A three hundred foot section ■of defendant’s transmission line, inclusive