Murphy v. Gaylord

Mb,. Justice Chambliss

delivered the opinion of the Court.

The County Court and the Circúit Court dismissed a petition for the allowance of compensation and petitioner has appealed. He lost a little finger while oiling a concrete mixer while in the employ of the defendant, working by the hour, in connection with the erection, or re-building, of a garage owned by the defendant. The defenses interposed were that the employment was casual only and not in the usual course of the business, or occupation, of the employer; that the defendant was not the employer of five or more men at the time the…