From Casetext: Smarter Legal Research

United States Fidelity Guar. v. Indem. Ins. Co.

United States Court of Appeals, Fifth Circuit
Nov 25, 1959
271 F.2d 955 (5th Cir. 1959)

Summary

affirming a district court finding that the Texas workers' compensation statute applies to professional baseball player

Summary of this case from Cavers v. Houston McLane Co.

Opinion

No. 17832.

November 25, 1959.

James G. Sargent, Houston, Tex., for appellant.

George H. Jewell, Jr., Houston, Tex., for appellee.

Before HUTCHESON, JONES and WISDOM, Circuit Judges.


Raymond Joseph Cucchiarini was a ball player in the employ of the Fort Worth Baseball Club, Inc. The appellee was the workmen's compensation insurance carrier of the Fort Worth Baseball Club. The contract with the player was assigned to the Houston Baseball Association. The appellant was the workmen's compensation insurance carrier for the Houston Baseball Association. While en route from Fort Worth to Houston, in his own automobile, to join the Houston Baseball Association, the player was killed in an accident on the highway. A workmen's compensation award was made by the Industrial Accident Board of Texas to the deceased player's parents against the appellee after a finding that the injury resulting in his death was suffered in the course of his employment by the Fort Worth Baseball Club. This appeal had its origin in a suit of the appellee to cancel the award. The litigation emerged from pleadings, a stipulation and a pre-trial order as a contest between the appellant and the appellee with the sole issue being whether, at the time he was fatally injured, Raymond Joseph Cucchiarini was in the employ of the Fort Worth Baseball Club or the Houston Baseball Association. The district court resolved this issue, primarily one of fact, by a finding that the player was an employee of the Houston Baseball Association. Its finding is free from error and its judgment is

Affirmed.


Summaries of

United States Fidelity Guar. v. Indem. Ins. Co.

United States Court of Appeals, Fifth Circuit
Nov 25, 1959
271 F.2d 955 (5th Cir. 1959)

affirming a district court finding that the Texas workers' compensation statute applies to professional baseball player

Summary of this case from Cavers v. Houston McLane Co.
Case details for

United States Fidelity Guar. v. Indem. Ins. Co.

Case Details

Full title:UNITED STATES FIDELITY GUARANTY COMPANY, Appellant, v. INDEMNITY INSURANCE…

Court:United States Court of Appeals, Fifth Circuit

Date published: Nov 25, 1959

Citations

271 F.2d 955 (5th Cir. 1959)

Citing Cases

Lewis v. Phropher

The court declines to exercise its discretion to convert the present motion into a summary judgment motion…

Cavers v. Houston McLane Co.

[¶ 32] A more recent California Court of Appeals opinion, New York Yankees v. Workers' Compensation Appeals…