ENGLISH v. UNITED STATES FIDELITY & GUARANTY CO.

No. 17232.

262 F.2d 142 (1958)

Mrs. Jewel Franklin ENGLISH, a widow, individually and as next friend for her minor children, Frank Hugh English and Brenda Lou English, Appellant, v. UNITED STATES FIDELITY & GUARANTY COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

December 30, 1958.


Attorney(s) appearing for the Case

Kenneth C. Spell, Jr., Wichita Falls, Tex., Mock & Spell, Wichita Falls, Tex., for appellants.

H. W. Fillmore, Roy Schaeffer, Wichita Falls, Tex., Bullington, Humphrey, Humphrey & Fillmore, Wichita Falls, Tex., for appellee.

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


RIVES, Circuit Judge.

This is a Texas workmen's compensation case, in which at the close of the evidence the district court directed a verdict for the defendant insurance carrier on the ground that the injury to and death of plaintiff's husband did not arise out of and in the course of his employment.

Jewel Franklin English, now deceased, was employed by the insured Brownie's Well Service to service oil wells, working on pulling machines and spudders in and...

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