Finkbine Lumber Co. v. Cunningham
Mississippi Supreme Court
Appeal from the circuit court of Harrison county. Hon. T. H. Barrett, Judge. Suit by J. B. Cunningham by next friend against the Finkbine Lumber Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. In view of the undisputed facts in this case, it is practically immaterial whether the defendant is to be regarded as an employee or not, for, upon the plaintiff’s own showing, no conceivable liability is established.
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Appeal from the circuit court of Harrison county. Hon. T. H. Barrett, Judge. Suit by J. B. Cunningham by next friend against the Finkbine Lumber Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. In view of the undisputed facts in this case, it is practically immaterial whether the defendant is to be regarded as an employee or not, for, upon the plaintiff’s own showing, no conceivable liability is established. Let it be assumed, for the present, that Guy, instead of being and continuing to be an independent contractor, alone…
1Opinion of the Court
Mayes, C. J.,
delivered tbe opinion of tbe court.
In January, 1909, tbe Finkbine Lumber Company was engaged in the general sawmill business in Harrison county, and in connection therewith operated certain machines for the purpose of manufacturing staves, laths, and shingles. Some time in January of that year the company made a proposition to one W. H. Guy, whereby it was proposed that Guy should assume the control and operation of that part of the machinery of the company used for the manufacture of laths, shingles, and ■staves. The contract specified the price they were to pay Guy for the…
2Cases cited3 opinions
- Laffery v. United States Gypsum Co.Supreme Court of Kansas · 1910
- Brower v. TimreckSupreme Court of Kansas · 1903
- Kneale v. DukateMississippi Supreme Court · 1908
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- Brush v. LaurendineMississippi Supreme Court · 1933
- Masonite Corp. v. LochridgeMississippi Supreme Court · 1932
- Williams Packing & Navigation Co. v. EnochsDistrict Court, S.D. Mississippi · 1959
- Gulf Refining Co. v. FerrellMississippi Supreme Court · 1933
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