Callahan Const. Co. v. Rayburn
Mississippi Supreme Court
Appeal from the circuit court of Harrison county. Hon. T. H. Barrett, Judge. Suit by C. A. Rayburn against the Callahan Construction Company and the Louisville & Nashville Railroad Company. From a judgment for plaintiff, defendants appeal.
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Appeal from the circuit court of Harrison county. Hon. T. H. Barrett, Judge. Suit by C. A. Rayburn against the Callahan Construction Company and the Louisville & Nashville Railroad Company. From a judgment for plaintiff, defendants appeal. Appellant the Louisville & Nashville Railroad Company, desiring to have certain dirt' excavated and removed from one point upon its right of way to another, entered into a contract with appellant Callahan Construction Company, by which the construction company undertook to do the work in accordance with the terms of the contract entered into. This contract…
1Opinion of the CourtSmith, C. J.
(After stating the facts as above). The principal complaint of appellants is that the court below refused to grant them a peremptory instruction.
The ground upon which this instruction was sought is that appellee was not injured by reason of their or their servants ’ negligence but by the negligence of a servant of .King & Clark, independent contractors, over whose servants appellants had no control.
“An ‘independent contractor’ is one who renders service in the course of an occupation, representing the will ■of his employer only as to the result of his work, and not •as to the means by which…
2Cited by9 opinions
- Texas Co. v. MillsMississippi Supreme Court · 1934
- Carr v. CRABTREEMississippi Supreme Court · 1951
- McDonald v. Hall-Neely Lumber Co.Mississippi Supreme Court · 1933
- Hutchinson-Moore Lumber Co. v. PittmanMississippi Supreme Court · 1929
- Kughn v. REX DRILLING CO.Mississippi Supreme Court · 1953
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