Porter v. Barton

Plaintiff gives two reasons why defendant’s plea should have been overruled. First, he failed to prove that Locke was an employee subject to the Workmen’s Compensation Law. Second, assuming Locke could be found to be such an employee, defendant failed to prove that he, Barton, was subject to that Law or that he had complied with its requirements.

Locke began working for defendant sometime prior to November 5, 1949, as a woodchopper. He was assigned to limbing or trimming trees and was paid seven dollars a day for his labor. He furnished his own ax as is customary. Defendant told the chopping…