KIRKPATRICK v. CONSOLIDATED UNDERWRITERS

No. 7048.

227 F.2d 228 (1955)

Marie S. KIRKPATRICK, Margaret S. Hayes, and J. H. Pearson, Administrators of Estate of N. B. Smithey, deceased, Appellants, v. CONSOLIDATED UNDERWRITERS and T. H. Mastin & Company, Appellees.

United States Court of Appeals Fourth Circuit.

Decided November 14, 1955


Attorney(s) appearing for the Case

Kyle Hayes, North Wilkesboro, N. C., for appellants.

Stephen Perry Millikin and McNeill Smith, Greensboro, N. C. (Smith, Moore, Smith & Pope, Greensboro, N. C., on the brief), for appellees.

Before PARKER, Chief Judge, DOBIE, Circuit Judge, and THOMSEN, District Judge.


PARKER, Chief Judge.

This is an appeal from a summary judgment for defendant in an action on a standard policy of Workmen's Compensation and Employers' Liability insurance. The insured was the owner of a hammer mill at which injuries were sustained by one Webster. The complaint alleges that Webster was an employee of insured, that he was injured while in and around the mill performing services for the insured, that the company was notified of the injury but denied...

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