Holman v. American Automobile Insurance Company

Candler, Justice.

(After stating the foregoing facts.) It may be said at the outset that, in order to maintain her suit, the petitioner must show by her petition that she was injured through the actionable negligence of her employer, that such employer, prior to such injuries, had entered into a contract of indemnity with an insurance company, under which such a relation was created as would give her a right to bring suit upon the contract in her own name; and that the employer’s legal liability to her for the alleged damages had been established, or, in lieu thereof, that the same was not…