Legal Opinion
Daves v. Rain
Supreme Court of Alabama
Decided December 9, 1937No. 1 Div. 988PublishedCited by 13 opinions
1Opinion of the Court
BOULDIN, Justice.
All admit that the sole issue for decision is whether the written contract between Board of School Commissioners and B. A. Lyons is to be construed as creating the relation of master and servant, or that of independent contractor, at common law.
We concur with statement of the law by the Court of Appeals, saying: “It is the general rule of the common law that the relationship of master and servant exists whenever the employer retains the right to direct the manner in which the business shall be done, as well as the result to be accomplished, or, in other words, not only what…
2Cases cited11 opinions
- Casement v. BrownSupreme Court of the United States · 1893
- Birmingham Post Co. v. SturgeonSupreme Court of Alabama · 1933
- Tuscaloosa Veneer Co. v. MartinSupreme Court of Alabama · 1937
- Harris v. McNamaraSupreme Court of Alabama · 1892
- Martin v. Republic Steel Co.Supreme Court of Alabama · 1933
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- City of Tuscaloosa v. Harcros Chemicals, Inc.Court of Appeals for the Eleventh Circuit · 1998
- COLUMBIA ENGINEERING INTERN., LTD. v. EspeySupreme Court of Alabama · 1983
- Moore-Handley Hardware Co. v. WilliamsSupreme Court of Alabama · 1939
- Pate v. United States Steel Corp.Supreme Court of Alabama · 1981
- 1998-2 Trade Cases P 72,307, 12 Fla. L. Weekly Fed. C 217 City of Tuscaloosa Municipal Utilities Board of Albertville, Auburn Water Works Board Jasper Water Works and Sewer Board, Inc., Plaintiffs-Intervenors-Appellants v. Harcros Chemicals, Inc. Jones Chemicals, Inc.Court of Appeals for the Eleventh Circuit · 1999
8 more not listed; retrieve them via the Exa API.