Elder v. Aetna Casualty & Surety Co.

NORVELL, Justice.

The question involved in this case is whether or not the appellant, Billy Elder, a newspaper delivery boy on a certain designated route, was a- servant of the Express Publishing Company and covered by Workmen’s Compensation Insurance. It was the contention of Aetna Casualty & Surety Company, the insurance carrier for the publishing company, that appellant was an independent contractor. The trial court accepted this theory and instructed a verdict for the insurance company. Billy Elder, a minor, by his next friend, brings the case here.

Appellant suffered a broken leg when an…