Sears, Roebuck & Company v. Kenneth Talley

HUTCHESON, Chief Judge.

The suit was for personal injuries claimed to have been sustained by plaintiff while in the employ of the defendant, a non-subscriber under the Texas Workmen’s Compensation Act, Vernon’s Ann. Civ.St. art. 8306 et seq.

The claim was that on November 23, 1952, while attempting to deliver a deep freeze, plaintiff, the driver of a local delivery truck, had received the injuries complained of as the proximate result of appellant’s negligence in failing to supply him with proper and necessary mechanical appliances and sufficient help.

The defenses were a denial that defendant…