Mackey v. Fullerton Naval Stores Co.

Plaintiff, in February, 1924, while driving, a peg in a tree, the peg flew out and knocked out his left eye. He could then see very little with his other eye, and as a consequence became almost totally blind. He was then in the employ of defendant company, and brings this, suit for compensation against defendant under the Employers’ Liability Act, for 60 per cent of his alleged daily wage of $3.00 for a period of 400 weeks.

His demand was rejected and he appeals.

The first contention urged by defendant is that plaintiff was an independent contractor,, and as such, can not recover under the…