Great American Indemnity Company v. Charlotte McCaskill

JONES, Circuit Judge.

Joseph M. McCaskill met his death on April 9, 1955, when an automobile driven by him struck a guard rail and overturned. His widow and minor children, the appellees here, brought an action in the District Court of Gonzales County, Texas, against the appellant, the workmen’s compensation insurance carrier of the decedent’s employer. The appellant removed the cause to the United States District Court for the Western District of Texas. The sole issue was whether the decedent was acting in the course of his employment at the time of his accidental death. The jury found for…