McLellan v. Brown

Opinion op the Court by

Stanley, Commissioner

Reversing.

The appellee, Frank Brown, was injured by the overturning of a dump truck be was driving and operating on road construction work and recovered judgment for $6,259, against the appellant, J. B. McLellan. His cause of action is upon the alleged violation of the lav that requires a master to exercise ordinary care to provide his servant with a reasonably safe place to work and equipment to do the work with. In addition to a denial of negligence, the defense was that Brown was not an employee of the defendant but of an independent-contractor,…