Whitehead v. Salyer

LEWIS, Circuit Judge.

Julian Billy Whitehead was killed in an explosion at Hurst, Texas, while working in the scope of his employment with Salyer Refining Company of Texas. His beneficiaries were paid the statutory workmen’s compensation and now seek an additional award of exemplary damages recoverable under Texas law where the employee’s death “is occasioned by homicide from the wilful act or omission or gross negligence” of the employer. Vernon’s Ann.Texas Civ.Stat. tit. 130, art. 8306, § 5.1 The action was brought in the District Court for the Western District of Oklahoma under diversity…