Jones v. Fann

WALKER, Chief Justice.

On the 31st day of January, 1936, Ferguson Fann and his father, M. E. Fann, were hauling logs by contract for J. A. Handley; they owned their trucks, mules, tools, and other equipment used by them on the job, and were paid on the basis of the amount of logs — by the thousand feet. On that day, while driving his truck loaded with logs, a tree, sawed down by one of J. A. Handley’s employees, fell across the truck and killed Ferguson Fann. Appellant, Elliott Jones, Attorney-in-fact for Lloyds America, was the compensation insurance carrier of J. A. Handley. As the surviving…