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MILES v. SHELL OIL COMPANY

No. 73-3203.

498 F.2d 105 (1974)

Omer J. MILES, Plaintiff-Appellee, v. SHELL OIL COMPANY, Defendant-Appellant. SHELL PIPE LINE CORPORATION, Defendant, v. TRAVELERS INSURANCE COMPANY, Intervenor-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied November 1, 1974.

Attorney(s) appearing for the Case

Tracy Crawford, Mike Hatchell, Tyler, Tex., for defendant-appellant.

Russell M. Baker, Joe N. Boudreaux, Jim Foreman, Dallas, Tex., for Omer J. Miles.

Blake C. Erskine, Longview, Tex., for Travelers Ins. Co.

Robert J. Foreman, Dallas, Tex., for plaintiff-appellee.

Before TUTTLE, WISDOM and GEE, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 1, 1974.

GEE, Circuit Judge:

In this Texas diversity case, Shell Oil Company appeals from a judgment, founded on a jury verdict, in favor of an intervening workman's compensation carrier and Omer J. Miles, who was severely injured when he grasped a winch line which had become charged with electricity by contact with Shell's 440-volt overhead line. We conclude that Shell was entitled to judgment as a matter of...

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