Dealers National Insurance Company v. Simmons

BARRON, Justice.

Albert D. Simmons, plaintiff in the trial court and appellee here, was an employee of Joe Bailey Martin. Joe Bailey Martin operated a wholesale beer distributing business in Trinity, Texas. He, Martin, also oprated a ranch in Walker County, Texas. Simmons’ principle duties were those of a ranch worker; but he did, from time to time, do some work connected with his employer’s beer distributing business.

The employer, Martin, carried a workmen’s compensation policy with the appellant, defendant in the trial court, for the protection of his workers in the beer distributing…