Moss v. Central of Georgia Railroad

Clark, Judge.

The question presented in this FELA 1 personal injury action is whether plaintiff, Ralph E. Moss, was an independent contractor or an employee of the defendant, Central of Georgia Railroad Company, at the time of his injury. The trial court, determining that plaintiff was an independent contractor as a matter of law, awarded summary judgment to the railroad. From this adverse ruling, plaintiff has taken this appeal.

"On motion for summary judgment the defendant, as movant, must produce evidence which negates 'at least one essential element entitling the plaintiff to recovery under…