Sears, Roebuck & Company v. Joe Wedgeworth
Court of Appeals for the Fifth Circuit
1Opinion of the Court
JONES, Circuit Judge.
Joe Wedgeworth worked for Sears, Roebuck and Company at its store in Waxahachie, Texas. The employer was not a subscriber to Workmen’s-Compensation insurance under the laws-of Texas. The employee, Wedgeworth,. claimed damages for injuries received while at work. To recover, in such a case, from a non-subscribing employer, negligence of the employer must be shown. The employer cannot assert contributory negligence, negligence of a fellow servant, or assumption of risk by the employee as defenses. Rev.Civ.Stat. Tex., art. 8306, § I; Vernon’s Ann.Civ. St.Tex. art. 8306, § 1.
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2Cases cited14 opinions
- Western Union Telegraph Co. v. CokerTexas Supreme Court · 1947
- Sears, Roebuck & Company v. RobinsonTexas Supreme Court · 1955
- American Fidelity & Casualty Company v. Mrs. Claire DrexlerCourt of Appeals for the Fifth Circuit · 1955
- Galveston, Harrisburg & San Antonio Railway Co. v. BonnCourt of Appeals of Texas · 1907
- Hines v. RossCourt of Appeals of Texas · 1921
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3Cited by6 opinions
- Zanetti Bus Lines, Inc. v. HurdCourt of Appeals for the Tenth Circuit · 1963
- Fields v. Burlison Packing CompanyCourt of Appeals of Texas · 1966
- Ruffin v. Trans-Lux TheatreDistrict of Columbia Court of Appeals · 1959
- Lenz v. Southern Pacific Co.Court of Appeals for the Fifth Circuit · 1974
- Tommy Ray Lenz, Etc. v. Southern Pacific Company, No. 73-3861 Summary Calendar. Rule 18, 5th Cir. See Isbell Enterprises, Inc. v. Citizens Casualty Co. Of New York, 5th Cir. 1970, 431 F.2d 409, Part ICourt of Appeals for the Fifth Circuit · 1974
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