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BROSSMAN v. PETTEWAY

No. 893.

501 S.W.2d 751 (1973)

E. J. BROSSMAN, Appellant, v. Benjamin F. PETTEWAY, Appellee.

Court of Civil Appeals of Texas, Houston (14th Dist.).

Rehearing Denied November 28, 1973.

Attorney(s) appearing for the Case

Don M. Barnett, Robert F. Stein, Jamail & Gano, Houston, for appellant.

Gerald P. Coley, Vinson, Elkins, Searls, Connally & Smith, Donald W. Callahan, Callahan, Mulvihill & Collins, William S. Cox, Eddington & Friloux, Houston, for appellee.

TUNKS, Chief Justice.

On August 14, 1968, the appellee, Benjamin F. Petteway, was dispatched from Kingham Messenger and Delivery Service, Inc. to a construction site in Houston, Texas. He pulled his pickup truck into the site at the corner of Louisiana and Walker Streets in order to make his delivery. It was a contested issue as to whether he was an independent contractor or an employee of Kingham. Petteway was unable to make his delivery (either it was during the...

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