Berry v. Irwin

Opinion of the Court by

Commissioner Hobson—

Affirming.

Billiter & Wiley were the contractors for the building of the state road from Elizabethtown to Bardstown. They had in their employ Silas S. Irwin as a laborer. They were crushing the rock about 5 miles east of Elizabethtown, and were building the road eastward toward the crusher. They made a contract with Berry & Kelly, by which Berry & Kelly agreed to haul the crushed rock from the crusher to the point on the road where it was to be put down, at so much a ton. Berry & Kelly owned the trucks and employed the drivers; one of these was Tim…