Mayberry v. Bon Air Chemical Co.

Petitioner, Oliver Mayberry, while cutting cordwood for the defendant, was struck in the eye by a chip resulting in the loss of his eye.

The chancellor found that petitioner’s average weekly wage was $4.49, and awarded him that sum for one hundred weeks together with $50 to cover medical expenses.

It is insisted by the defendant that the petitioner is an independent contractor rather than a servant. The petitioner was employed by Thomas Whitson, the cordwood superintendent of defendant, to cut wood, for which he was to receive $1 per cord. He had been cutting about six.months when he was…