Court of Appeals of Texas June 5, 1964, No. 16352 (Shelton v. Standard Insurance Co.)

DIXON, Chief Justice.

This is an appeal by Jimmy Shelton from a summary judgment denying him workmen’s compensation.

The trial court based its judgment on the ground either (1) that appellant was not an employee, but was an independent contractor at the time he was injured; or (2) that if he was an employee, he was not injured in the course of his employment.