Continental Insurance Company v. Clark

DUNAGAN, Chief Justice.

This case originated in the 114th District Court of Smith County, Texas, as a compensation case in which C. F. Clark was plaintiff and The Continental Insurance Company was defendant. The appellee (plaintiff below) brought this suit for the recovery of workmen’s compensation benefits for the loss of a finger which he lost while doing carpentry work on the premises of Howe-Baker Engineers, Inc.

Appellant in its answer specially pleaded that C. F. Clark was not an employee but was in the relation of an independent contractor.

Before trial, pertinent matters, such as the…