Union Indemnity Co. v. Malley

In May, 1926, H. L. Holcomb was engaged in making a “fill” at the docks of the Southern Pacific Company at Clinton, in Harris county, Tex. He was doing business under the name of the Houston Excavating Company. He employed a number of men, and carried a policy of insurance issued by the appellant under the terms of the Workmen’s Compensation Law of this state (Vernon’s Ann. Civ. St. 1925, arts. 8306-8309). Among his employees was F. J. Malley, the husband of the appellee Mrs. Mary Malley. F. J. Malley was employed principally as a night watchman, and it was his duty to prevent molestation of…