Keith v. Blanscett

OPINION

WARD, Justice.

This appeal is from a summary judgment granted in favor of the defendants involving the death benefits in a voluntary Workmen’s Compensation insurance policy. The sole question to be decided is whether or not the appellant’s son was, at the time of his death, an independent contractor or an employee of Loy E. Blanscett, proprietor of the Bi-Rite Auto Sales, in Midland, as the term “employee” is defined in the Workmen’s Compensation Act, Article 8309, section 1, Texas Revised Civil Statutes.

The facts are undisputed for the purposes of this appeal. Loy E. Blanscett was in…