Eastman Kodak Company v. Mrs. Peggy Martin

HUTCHESON, Circuit Judge:

This action was brought by Mrs. Ronald Martin and her four minor children under the Texas Wrongful Death Act 1 to recover for the death of Ronald Martin, their husband and father. At the time of his death, Martin was employed by an independent contractor engaged in demolition work under contract with, and on the premises of, the defendant Eastman Kodak Company. Upon a jury verdict finding Eastman negligent and assessing damages, the district court entered judgment against Eastman. For the reasons hereafter stated this judgment must be reversed and the cause remanded…