The Aetna Casualty & Surety Company v. Evelyn Berry and Durwood Douglas Berry

JOHN R. BROWN, Circuit Judge.

Aetna appeals from a judgment 1 upon a jury verdict awarding Workmen’s Compensation Insurance benefits to the widow and minor son of Lawrence E. Berry who was accidentally killed while loading a rifle into his airplane. The issues, controlled by Texas law are (a) coverage and (b) scope of employment. We affirm.

Since the scope of employment issue is at once easier of disposition and exposi-tive of the facts, we deal with it first. Berry was the President of Berry Engineering Corp. and Berry Contracting Co. 2 The firms, apparently operated together, were involved in…