Bear Creek Mill Co. v. Fountain

The appellee, Joe Fountain, brought suit against the appellant for a personal injury alleged to have been inflicted upon the appellee, the plaintiff, by a‘splinter from a steel chisel being used in tightening such screw on a saw; it being contended that the chisel'was a defective tool, and that appellant owed him the duty to furnish him a safe tool. He alleged that he was employed by the appellant. The general issue was pleaded, and also a special plea was filed by the appellant denying that the plaintiff was in its employment, but contending that he was the servant of one McLeod, an…