McKinstry v. Guy Coal Co.

The opinion of the court was delivered by

Marshall, J.:

This action is one to recover under the workmen’s compensation act. Judgment was rendered in favor of the plaintiff for the maximum amount allowed for total disability, and the defendant appeals.

*1931. The first proposition contended for is that the plaintiff was not an employee of the defendant within the meaning of the workmen’s compensation act. The defendant was operating a coal mine in Cherokee county. The plaintiff with his boy was digging coal for the defendant at sixty cents for each mine car of coal produced. The plaintiff furnished…