MILLER v. D & H RIG SERVICE

No. 6312.

497 S.W.2d 539 (1973)

Floyd MILLER, Appellant, v. D & H RIG SERVICE and Ed Davis, Individually and d/b/a D & H Rig Service, Appellees.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied July 25, 1973.


Attorney(s) appearing for the Case

John H. Green, Odessa, for appellant.

Scarborough, Black, Tarpley & Scarborough, Charles Scarborough, J. R. Black, Abilene, James R. Kerr, Fort Stockton, for appellees.


OPINION

WARD, Justice.

The Appellant, Floyd Miller, as an employee, sued Ed Davis, his employer, for negligence causing injuries which he suffered while working on a drilling rig. The Appellee, Ed Davis, had over three employees but was a non-subscriber of workmen's compensation. The Appellant then brought suit against the Tom Brown Drilling Company for the same injuries. This latter suit was settled and the case was dismissed with prejudice. The Appellee...

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