CONSOLIDATED UNDERWRITERS v. LAMPKIN

No. 6251.

323 S.W.2d 99 (1959)

CONSOLIDATED UNDERWRITERS, Appellant, v. Jack LAMPKIN, Appellee.

Court of Civil Appeals of Texas, Beaumont.

Rehearing Denied April 15, 1959.


Attorney(s) appearing for the Case

W. C. McClain, Conroe, for appellant.

Jim S. Phelps, Houston, for appellee.


McNEILL, Justice.

This is a workmen's compensation case and the appeal involves two questions, first, whether the employee under Sec. 6a of Article 8307, Vernon's Annotated Civil Statutes, or at common law, effectively elected to proceed against the third party to recover damages instead of against the subscriber's insurance carrier, and, second, whether claimant was an employee of the J. H. Williams Lumber Company, the subscriber under the policy of insurance with...

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