North River Insurance Company v. John Ramey Hubbard, Jr., Et Ux.

GOLDBERG, Circuit Judge:

Again we consider whether for purposes of workmen’s compensation an employee was injured “in the course of employment.” Specifically, was John Ramey Hubbard, III acting “in the course of employment” when he was killed in an automobile accident while driving from his former home in Albuquerque, New Mexico, to Midland, Texas, in order to establish a residence and to work for the McClatchy Cleaners in Midland? The trial court overruled the appellant’s motion for a directed verdict and submitted this question to a jury. After the jury had answered in the affirmative, the…