Blackburn v. Withrow Timber Co.

Deen, Presiding Judge.

1. The trial court in its order correctly stated that the only issue at this stage of the proceedings is as to the status of J. L. F. & S. Co., and whether it has been established conclusively that this company was an independent contractor as to Withrow Timber Co. rather than an agent or employee such that its negligence could be charged against this timber purchaser. The appellees of course argue that the hauler is indisputably an independent contractor and that the evidence only shows *445a need upon it to conform to its contract with the timber company (as well as that…