Blackwell v. Fireman's Fund Ins. Co.

ELLIS, Judge:

This is a suit for damages for personal injuries suffered by plaintiff Marvin Blackwell while in the course and scope of his employment with Union Tank Car Company. Defendants are Joseph F. Caldwell, plant manager for Union, and Fireman’s Fund Insurance Company, Mr. Caldwell’s liability insurer, in his capacity as an executive officer of Union. The case was submitted to the trial court on a stipulation of facts, and judgment was rendered dismissing plaintiff’s suit. Plaintiff has appealed.

The facts are summarized in the trial judge’s reasons for judgment as follows:

“According to…