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WISE v. TEXAS EMPLOYERS INSURANCE ASSOCIATION

No. 14768.

402 S.W.2d 228 (1966)

James WISE, Appellants, v. TEXAS EMPLOYERS INSURANCE ASSOCIATION, Appellee.

Court of Civil Appeals of Texas, Houston.

Rehearing Denied May 5, 1966.

Attorney(s) appearing for the Case

Cattanach, Capps, Turner, Coe, Reardon, Chaney & Thorne, John R. Coe, Houston, for appellant.

Fulbright, Crooker, Freeman, Bates & Jaworski, Jim M. Perdue, Houston, for appellee.

COLEMAN, Justice.

This is a workmen's compensation case wherein the trial court instructed a verdict for the defendant. The principal issue to be discussed is whether appellant was an employee of Houston Terminal Warehouse & Cold Storage Company.

Appellant was the only witness to testify in this case. He was employed by the driver of a truck loaded with frozen shrimp to assist him in unloading. The truck driver agreed to pay him $4.00 or $5.00 for the...

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