Kisner v. Jackson

Griffith,, J.,

delivered the opinion of the court.

Appellant was injured by the breaking of a belt, alleged to have been at the time defective and dangerous, in a hardwood mill owned by appellee, who was doing-business under the name and style, West Point Spoke Company. The defense mainly relied upon, and upon which the court acted in. granting a peremptory instruction for the defendant, was that the mill was being at the time operated by J. A. Johnson as an independent contractor, and that appellant was the employee of Johnson, and not of appellee.

The contract between Johnson and appellee…