Blair v. Smith

Head, Justice.

(After stating the foregoing facts.) Under the rulings of this court in Athens Railway & Elec. Co. v. Kinney, 160 Ga. 1 (137 S. E. 390), Smith had a valid cause of action against Blair, should it be determined that Wilson, his immediate employer, was an independent contractor, rather than a servant, of the general contractor Blair. In this connection, see also Sheffield Co. v. Phillips, 69 Ga. App. 45 (24 S. E. 2d, 834). From the record and the briefs filed by counsel, a construction of the contract involved, to establish the relationship between Blair and Wilson, is the sole…