Elder v. Aetna Casualty & Surety Co.

This is a Workmen’s Compensation case, in which petitioner, Elder, is claimant against insurer, Aetna Casualty & Surety Co., respondent, for injuries received while delivering newspapers for Express Publishing Company, the insured. A trial court judgment for respondent, upon an instructed verdict, was affirmed by the Court of Civil Appeals. 230 S. W. 2d., 1018. These judgments went on the proposition that claimant was in independent contractor rather than an employee.

For some weeks before his injury Elder delivered newspapers for the insured over a prescribed route in San Antonio, and was so…