Ebert Ice Cream Co. v. Eaton Ex Rel. Aetna Life Insurance

In this case Virgil R. Eaton, for himself and to the use of the ¿Etna Life Insurance Company, appellee, sues the Ebert Ice Cream Company and Glenn A. Stone, appellants, under' section 58, article 101, of the Code, for injuries sustained by him by the alleged negligence of a third party while in the course of employment for which he had been allowed compensation. From a judgment in favor of the plaintiff, the defendants appeal. The only questions submitted and argued were the legal sufficiency of the evidence of primary negligence, and whether the trial court should have held the plaintiff…