TRAVELERS INSURANCE COMPANY v. CURTIS

No. 15341.

223 F.2d 827 (1955)

The TRAVELERS INSURANCE COMPANY, Appellant, v. Mrs. Jettie L. CURTIS, Individually and as Next Friend for Dennis W. Curtis, a minor, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 28, 1955.


Attorney(s) appearing for the Case

David M. Kendall, Jr., Pinkney Grissom, Thompson, Knight, Wright, & Simmons, Dallas, Tex., for appellant.

John C. Cain, Ben H. Lewis, Coffee, Cain, Read & McCracken, Dallas, Tex., for appellees.

Before RIVES, Circuit Judge, and DAWKINS and DE VANE, District Judges.


DAWKINS, District Judge.

Appellant insured the workmen's compensation risk of Vilbig Construction Company (herein called Vilbig), which had a subcontract to furnish dirt and gravel on what is referred to as the Chance-Vought job near Dallas. John Thomas Curtis had an arrangement with Vilbig under which he furnished his own truck and drove it on Vilbig jobs, hauling dirt or gravel as instructed. On February 23, 1954, while traveling from Vilbig's pit to the site of...

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