Republic Iron & Steel Co. v. McLaughlin
Supreme Court of Alabama
Appeal from City Court of Bessemer; J. O. B. Gwin, Jjidge. Action by Sid. McLaughlin against the Republic Iron & Steel Company. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under Act April 18, 1911, p. 449, § 6.
1Opinion of the CourtTi-Iomas, J.
The cause was tried on the fourth count, which alleged that plaintiff was working in defendant’s mines as an einployé of an independent contractor. Defendant pleaded the general issue in short by consent, with leave to give in any evidence tending to establish any special defenses, etc.
[1] Whether one performing a service is a servant or an independent contractor is held to be determined by whether or not the person for whom he is working “has control over the means and agencies” b>y which the work is- done (Warrior-Pratt Coal Co. v. Shereda, 183 Ala. 118, 62 South. 721; T. C. L & R. R. Co.…
2Cases cited10 opinions
- Tennessee Coal, Iron & Railroad v. HayesSupreme Court of Alabama · 1892
- Alabama Western Railroad v. Talley-Bates Const. Co.Supreme Court of Alabama · 1909
- Harris v. McNamaraSupreme Court of Alabama · 1892
- Lookout Mountain Iron Co. v. LeaSupreme Court of Alabama · 1906
- Warrior-Pratt C. Co. v. SheredaSupreme Court of Alabama · 1913
5 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- American Savings Life Insurance v. RiplingerCourt of Appeals of Kentucky (pre-1976) · 1933
- Aldrich v. Tyler Grocery Co.Supreme Court of Alabama · 1921
- Birmingham Post Co. v. SturgeonSupreme Court of Alabama · 1933
- General Exchange Ins. Corporation v. FindlaySupreme Court of Alabama · 1929
- Margulis v. National Enameling & Stamping Co.Supreme Court of Missouri · 1930
14 more not listed; retrieve them via the Exa API.