Employer's Liability Assurance Corp. v. Smith

The evidence failed to show that Churchwell Brothers Construction Company employed B. F. Bennett to do the lathing work as an employee of the company. Rather, it showed Bennett to be an independent contractor. While the evidence did not disclose just exactly what were the terms of the agreement between the company and Bennett, it did show that Bennett had other jobs going throughout the State at the same time he was doing this work and was away from Macon attending to these jobs a good part of the time. It showed that Churchwell Brothers inquired of Bennett before the agreement was made as to…