STANDARD OIL CO. OF TEXAS v. SWINNEY

No. 14067.

201 F.2d 133 (1953)

STANDARD OIL CO. OF TEXAS v. SWINNEY et al.

United States Court of Appeals Fifth Circuit.

January 14, 1953.


Attorney(s) appearing for the Case

W. C. Gowan (of Carrington, Gowan, Johnson & Walker), Dallas, Tex., for appellant.

Royal H. Brin, Jr., Dallas, Tex., for intervenor, Gen. Ins. Corp.

A. F. Jack Nossaman, Sherman, Tex., Jim. O. Bean (of Gallagher, Francis & Bean), Dallas, Tex., for appellee.

Before HUTCHESON, Chief Judge, and BORAH and RIVES, Circuit Judges.


RIVES, Circuit Judge.

Appellee Darwin Swinney was employed by Wampler Brothers, who were independent contractors for the appellant in the drilling of an oil well near Sherman, Texas. He was injured by a fall from a ladder which it was necessary for him to climb in order to gauge the oil in appellant's test tank. The ladder was insecurely fastened to the tank by barbed wire.

Appellant's first contention is that the court erred in not directing a verdict for...

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