Jack v. Aetna Casualty & Surety Co.

CULPEPPER, Judge.

This is a workmen’s compensation case. After trial on the merits the district judge awarded plaintiff benefits for total and permanent disability. Defendants appealed. Plaintiff answered the appeal seeking penalties and attorneys fees.

The principal issue on appeal is whether the relationship between the plaintiff, Clifton Jack, and the defendant, G. L. Malone, was that of vendor-vendee or that of employee-employer or, alternatively, that of independent contractor and principal.

*477The facts show the plaintiff and one Horace Poullard were partners engaged in cutting and hauling…