Citations
- 40 S.W.2d 209
Full opinion text
LANE, J.
On the 2d day of June, 1927, the Owen Service -Station was engaged in the business of an ordinary filling station, handling automobile tires, tubes, and other accessories, and selling gasoline and lubricating oil to those operating automobiles, motorbusses, and trucks, and in performing such other labors as are incident to the - business generally known as a filling station. It also operated an ice house where it dispensed ice in small quantities.
On said date Owen Service Station was a subscriber, as that term is used and understood in the Texas Workmen’s Compensation Act (Rev. St. 1925, art. 8306 et seq., as amended), and held a policy issued to it under the provision of said act by the Southern Surety Company.
While said policy was in force and effect one Secex Daniels, an employee of the subscriber, while acting within the scope of his employment, received an injury on July 10, 1927, from the effects of which he died on the 14th day of October, 1927.
At the time Secex Daniels received his injuries his weekly wage was $20.19. He was under contract to work 7 days per week. The duties to be performed by him under his contract consisted, of handling ice, changing tires and tubes, filling gasoline tanks, and other duties incident to the operation of a filling and service station. At the time he suffered his injury Secex Daniels was engaged in the changing of an automobile tire.
In due time Mamie Daniels, wife of the deceased, gave due notice of such injury and death as required by law, and in due time filed her claim for compensation with the Industrial Accident Board of Texas.
On the 27th day of April, 1928, after due no-tiee*was given to all parties, the Industrial Accident Board entered its order upon the claim of Mamie Daniels as follows: “It has been made to appear to tlie satisfaction of the Board that Mamie Daniels, surviving widow of Secex Daniels, deceased, at the time of said fatal injury and death of Secex Daniels was separated from and living apart from him; that said separation had continued for a longer period