Kirby Forest Industries, Inc. v. Kirkland

I cannot agree that there is any evidence that appellant had any right of control of any of the work of the woodcutters; therefore I respectfully dissent.

The first two issues submitted to the jury, and the responses thereto were:

SPECIAL ISSUE NO. 1

Do you find from a preponderance of the evidence that Kirby Forest Industries, Inc., had the right to control any part of the work of the woodcutters on the occasion in question?

Answer: “We do” or “We do not.”

ANSWER: We do.

Instruction: The “right to control” must be more than a general right to order the *235work to start or stop, to inspect progress or…