TEXACO, INC. v. ROSCOE

No. 18726.

290 F.2d 389 (1961)

TEXACO, INC., Appellant, v. Dallas G. ROSCOE, Appellee.

United States Court of Appeals Fifth Circuit.

May 17, 1961.


Attorney(s) appearing for the Case

Dale Condron, Charles S. Pipkin, Beaumont, Tex. (Strong, Pipkin, Strong & Nelson, Beaumont, Tex., of counsel, on the brief), for appellant.

John H. Seale, Jasper, Tex. (Barber & Seale, Jasper, Tex., on the brief), for appellee.

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


JOHN R. BROWN, Circuit Judge.

This cause presents the now familiar problem of the claimed breach of duty owing by an owner of premises to the employee of an independent contractor. The jury returned a verdict for the injured employee. The defendant-owner appeals from the refusal of the District Court to enter a j. n. o. v. under F.R. Civ.P. 50(b), 28 U.S.C.A. based on the timely motions for instructed verdict. We reverse.

The Owner was Texaco, Inc....

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