SEARS, ROEBUCK & COMPANY v. TALLEY

No. 15960.

239 F.2d 82 (1956)

SEARS, ROEBUCK & COMPANY, Appellant, v. Kenneth TALLEY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 10, 1957.


Attorney(s) appearing for the Case

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

Ben T. Warder, Jr., Thomas H. Hight, Carter, Gallagher, Jones & Magee, Dallas, Tex., for appellee.

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


HUTCHESON, Chief Judge.

The suit was for personal injuries claimed to have been sustained by plaintiff while in the employ of the defendant, a non-subscriber under the Texas Workmen's Compensation Act, Vernon's Ann. Civ.St. art. 8306 et seq.

The claim was that on November 23, 1952, while attempting to deliver a deep freeze, plaintiff, the driver of a local delivery truck, had received the injuries complained of as the proximate result of appellant's negligence...

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