Kerr v. Akard Brothers Trucking Company

Upon consideration of motion for rehearing, the original opinion heretofore filed is withdrawn and the following substituted therefor.

MOISE, Justice.

This appeal results from the denial of benefits to appellant under the workmen’s compensation law. Suit was filed by appellant against appellees for workmen’s compensation because of the death of her husband, James Kerr, on January 13, 1960, in an accident allegedly arising out of and in the course of his employment by appellee, Akard Brothers Trucking Company, hereinafter referred to as “Akard,” and appellee, James Hamilton Equipment Rentals,…