Smith v. West Lake Quarry & Material Co.

Ed. F. McFaddin, Associate Justice.

This is a Workmen’s Compensation case; and the sole question is whether the Commission was correct in finding that appellant, Smith, was an independent contractor and not an employee of the appellee, West Lake Quarry & Material Company, Inc. (hereinafter called “West Lake”).

West Lake was furnishing crushed rock to a prime contractor for use on a river hank stabilization project, approved and supervised by the United States Corps of Engineers. Appellant Smith furnished his own truck, gas, oil, and maintenance, and was paid 55^ per ton for hauling the crushed…