New Amsterdam Casualty Co. v. Harrington
| Decision Date | 02 February 1927 |
| Docket Number | (No. 903-4658.) |
| Parties | NEW AMSTERDAM CASUALTY CO. v. HARRINGTON et al. |
| Court | Texas Supreme Court |
Taylor, Muse & Taylor, of Wichita Falls, and Senter & Strong, of Dallas, for plaintiff in error.
W. L. Scott, of Olney, and John Davenport, of Wichita Falls, for defendants in error.
Plaintiff in error, New Amsterdam Casualty Company, instituted this suit in the district court to set aside an award of the Industrial Accident Board allowing compensation for injuries received by defendant in error C. F. Harrington in the course of his employment while engaged in drilling an oil well on the S. M. J. Benson lease 5 miles east of Olney, Tex.
The declarations in the policy issued by plaintiff in error gives the names of the employer as Dr. L. F. Gragg, described therein as an individual, and the location of the premises of the employer as the S. M. J. Benson lease 5 miles east of Olney, Tex. In its notice to the Industrial Accident Board of the issuance of the policy plaintiff in error described the employer as "Dr. L. F. Gragg (firm name under which business is conducted at Olney, Tex.)." The notice of his injury given the Industrial Accident Board by Harrington states that he sustained the injury "while in the employ of Butler, Gragg, and Lynch, employers." The uncontradicted evidence shows that Harrington was injured in the course of his employment while working on said Benson lease for a copartnership, composed of Gragg, Butler, Lynch, and others, whose names are not disclosed. The distinguishing name of the copartnership, if any, was not definitely shown by the evidence.
Defendant in error Harrington in his pleadings in the district court bases his cause of action on the following allegations, to wit:
"Defendant admits and alleges that on the 10th day of April, 1924, L. F. Gragg was his employer, and was a subscriber to the Employers' Liability Act of Texas, and he alleges that the said L. F. Gragg had a policy of insurance at that time issued to him by the New Amsterdam Company, and that same was subject to all of the laws of the state of Texas relating thereto, and he alleges further that by the terms and conditions of said policy said casualty company became and was bound to pay to any employé of the said L. F. Gragg any and all amounts awarded to such employé by the Industrial Accident Board for an injury sustained by such employé in the course of his employment with the said L. F. Gragg, or...
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Goodwin v. Abilene State Bank
...was plainly upon him. A few recent decisions thought to sustain the views suggested will be referred to. New Amsterdam Casualty Co. v. Harrington (Tex. Com. App.) 290 S. W. 726. Numerous other authorities supporting this rule are available. Western Union Telegraph Co. v. Smith, 88 Tex. 9, 2......
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