Porter v. Withers Estate Co.

— Plaintiff recovered a verdict and judgment in the snm of $3,000 for personal injuries sustained by him on June 3, 1917, as the result of the negligence of the defendant in whose employ he was at the time of his injury.

Defendant’s first point is that its demurrer to the evidence should have been sustained. In this connection it urges that one Batty, whom plaintiff claims to have been his foreman, was an independent contractor, and that plaintiff was the servant of Batty and not of the defendant. The facts in connection with this subject show that the defendant was the owner of a considerable…