Jennings v. Bituminous Casualty Corp.

Plaintiff filed his complaint against the defendant on a workmen’s compensation policy of the defendant issued to Roberson Brothers Lumber Company, hereinafter called “Roberson” claiming to be a third-party beneficiary under the policy. Defendant moved to dismiss on the grounds that the plaintiff was not an employee of Roberson, the insured, but was an employee of one L. H. Cavender. The trial court sustained the motion to dismiss and plaintiff appeals.

The facts are not in dispute. The plaintiff, Walter Jennings was, at the time of his injury and for several months prior thereto, an employee…