Tinsley v. Massman Const. Co.

BOHLING, Commissioner.

Alvie G. Tinsley, plaintiff-appellant, sued Massman Construction Company, a corporation, referred to herein as Massman or contractor, and St. Louis Southwestern Railway Company, a corporation, referred to herein as Railroad or contractee, for injuries sustained as the result of a cave-in while Massman was constructing a bridge across the Red River near Garland City, Arkansas, under a written contract with Railroad. Plaintiff submitted his case on the theory that Massman was not an independent contractor; that, although an employee of Massman, he was by operation of law…