[Download] "Copeland Well Service v. Shell Oil Company" by Tyler the Twelfth Court of Civil Appeals * Book PDF Kindle ePub Free
eBook details
- Title: Copeland Well Service v. Shell Oil Company
- Author : Tyler the Twelfth Court of Civil Appeals
- Release Date : January 25, 1975
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Shell Oil Company, appellee, instituted suit against Copeland Well Service, Inc., appellant, seeking recoupment under the indemnity provisions of an oil well work-over contract. Shell Oil Company employed Copeland Well Service, Inc., hereinafter called Copeland, to re-work a well known as the J. B. Parker Well No. 9R situated in Anderson County. While performing the work Homer Johnson, an employee of Copeland, was electrocuted. Thereafter his mother, Velma P. Hill, brought a wrongful death action against Shell Oil Company in the Third Judicial District Court of Anderson County, Texas, to recover damages for her sons death. Shell called on Copeland to defend the suit under the provisions of the indemnity agreement but Copeland refused to do so. Shell defended the suit at its own expense and finally settled the suit for the sum of $8,000.00. Shell brought the present suit seeking reimbursement of the $8,000.00 paid in settlement of the Hill suit plus attorneys fees in defending the suit and other expenses totaling the sum of $23,575.88. Copeland answered with a general denial and specially denied liability on the indemnity agreement, alleging that Shells negligence was the sole cause of Johnsons death. After a trial before the court, without the aid of a jury, judgment was rendered in favor of Shell for the sum of $23,575.88. From this judgment Copeland prosecuted this appeal.