Burns v. United States Fire Insurance Co.

OPINION ON MOTION FOR REHEARING

JORDAN, Justice.

Our opinion and judgment of May 27, 1982 is withdrawn, with the following substituted therefor.

This is a Worker’s Compensation case in which the trial court granted a summary judgment in favor of appellee on the ground that appellant Burns, at the time of the alleged injury, was not an employee of the City of Westworth Village and consequently could not have been engaged in the course and scope of his employment.

We affirm.

*193On April 1, 1978, appellant was elected Town Marshal of the City of Westworth Village, a general law city, for a two-year…