Potter v. Garner

MOORE, Justice.

This is an appeal from a judgment awarding damages for personal injuries. Appellee, Pearl Garner, was an employee of appellant, Charles Potter, d/b/a Potter's Building Supplies, who was engaged in the construction business. Appellant was an employer subject to the workmen’s compensation, but did not carry workmen’s compensation insurance. Therefore, the defenses of contributory negligence and assumed risk are not available to appellant. Article 8306, Secs. 1 and 4, Vernon’s Ann. Civ. St.

In his pleadings appellee Garner alleged, among other things, that his employer was…