SEARS, ROEBUCK & COMPANY v. WEDGEWORTH

No. 16500.

252 F.2d 759 (1958)

SEARS, ROEBUCK & COMPANY, Appellant, v. Joe WEDGEWORTH, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied April 14, 1958.


Attorney(s) appearing for the Case

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

Bert Bader, Dallas, Tex., Warwick H. Jenkins, Waxahachie, Tex., Jenkins & Allen, Waxahachie, Tex., McKool & Bader, Dallas, Tex., for appellee.

Before TUTTLE, JONES and BROWN, Circuit Judges.


JONES, Circuit Judge.

Joe Wedgeworth worked for Sears, Roebuck and Company at its store in Waxahachie, Texas. The employer was not a subscriber to Workmen's Compensation insurance under the laws of Texas. The employee, Wedgeworth, claimed damages for injuries received while at work. To recover, in such a case, from a non-subscribing employer, negligence of the employer must be shown. The employer cannot assert contributory negligence, negligence of a fellow servant...

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