Durham Land Co v. Kilgore, No. 26417.

CourtUnited States Court of Appeals (Georgia)
Writing for the CourtMacINTYRE
Citation56 Ga.App. 785,194 S.E. 49
PartiesDURHAM LAND CO. v. KILGORE.
Decision Date04 December 1937
Docket NumberNo. 26417.
56 Ga.App. 785

194 S.E. 49

DURHAM LAND CO.
v.
KILGORE.

No. 26417.

Court of Appeals of Georgia,
Division No. 1.

Dec. 4, 1937.


[194 S.E. 49]
Syllabus by the Court.

The evidence in the present case was sufficient to authorize an award by the Industrial Commission to the claimant who was the mother of the deceased workman, in that the deceased workman was an employee of the defendant and not of another as an independent contractor. The judge of the superior court therefore did not err in affirming the award on appeal.

Error from Superior Court, Walker County; C. H. Porter, Judge.

Proceeding under the Workmen's Compensation Law by Annie Kilgore, claimant, for the death of her husband, Robert Kilgore, opposed by the Durham Land Company, employer. To review a judgment of the superior court affirming an award of the Industrial Commission in claimant's favor, the employer brings error.

Affirmed.

Rosser & Shaw, of La Fayette, for plaintiff in error.

McClure & McClure, of Chattanooga, Tenn., for defendant in error.

MacINTYRE, Judge.

Robert Kilgore was killed while working in a coal mine belonging to the Durham Land Company. It is admitted that he died as a result of injuries arising out of and in the course of his employment; also that his mother, the claimant, was, at the time of his death, totally dependent upon him for support. The sole question presented for consideration is whether the deceased, at the time of his death on January 8, 1935, was an employee of the Durham Land Company. In determining this question it is necessary to determine whether one R. E. Thompson, who employed the deceased, was himself an employee of the Durham Land Company or an independent contractor. It was aptly said in Liberty Lumber Company v. Silas, 49 Ga.App. 262 (2) 175 S.E. 265, 266 that: "In claims for compensation under the Workmen's Compensation Act, where the question is whether the injured person, or the person under whom he was working, occupied the relation of an employee or of an independent contractor toward the [al-

[194 S.E. 50]

leged] employer, the line of demarkation is often so close that each case must be determined upon its own particular facts." However, there is a very distinct line of demarkation between these two relationships. If the employer had or assumes the right under the contract to control and direct how the work shall be done, that is to say, that the employee has or assumes the right under the contract to control the manner in which the details of the work are to be...

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13 practice notes
  • Lefkoff v. Sicro, Nos. 12771, 12781.
    • United States
    • Supreme Court of Georgia
    • December 5, 1939
    ...agreement, to ascertain what their real intent was. Young v. First National Bank, 22 Ga.App. 58, 95 S.E. 381; Durham Land Co. v. Kilgore, 56 Ga.App. 785, 787, 194 S.E. 49. Since however, there can be a marriage without public cohabitation as man and wife, and since the failure to so do may ......
  • 12781, Lefkoff v. Sicro, 12771
    • United States
    • Supreme Court of Georgia
    • December 5, 1939
    ...agreement, to ascertain what their real intent was. Young v. First National Bank, 22 Ga.App. 58, 95 S.E. 381; Durham Land Co. v. Kilgore, 56 Ga.App. 785, 787, 194 S.E. 49. Since however, there can be a marriage without public cohabitation as man and wife, and since the failure to so do may ......
  • Simpson v. Hightower, No. 26593.
    • United States
    • United States Court of Appeals (Georgia)
    • March 18, 1938
    ...tools and did not rent them from Mr. Simpson, they was already his and he give them to me to cut with." In Durham Land Co. v. Kilgore, 56 Ga. App. 785, 786, 194 S.E. 49, 50, it was said: "If the employer has or assumes the right under the contract to control and direct how the work shall be......
  • Md. Cas. Co v. Stewart, No. 31485.
    • United States
    • United States Court of Appeals (Georgia)
    • February 28, 1947
    ...in favor of the claimant and in dismissing the appeal. Hockmuth v. Perkins, 55 Ga.App. 649, 191 S.E. 156, Durham Land Co. v. Kilgore, 56 Ga.App. 785, 194 S.E. 49, Continental Casualty Co. v. Payne, 56 Ga.App. 873, 194 S.E. 428, American Mut. Liability Ins. Co. v. Harris, 61 Ga.App. 319, 6 S......
  • Request a trial to view additional results
13 cases
  • Lefkoff v. Sicro, Nos. 12771, 12781.
    • United States
    • Supreme Court of Georgia
    • December 5, 1939
    ...agreement, to ascertain what their real intent was. Young v. First National Bank, 22 Ga.App. 58, 95 S.E. 381; Durham Land Co. v. Kilgore, 56 Ga.App. 785, 787, 194 S.E. 49. Since however, there can be a marriage without public cohabitation as man and wife, and since the failure to so do may ......
  • 12781, Lefkoff v. Sicro, 12771
    • United States
    • Supreme Court of Georgia
    • December 5, 1939
    ...agreement, to ascertain what their real intent was. Young v. First National Bank, 22 Ga.App. 58, 95 S.E. 381; Durham Land Co. v. Kilgore, 56 Ga.App. 785, 787, 194 S.E. 49. Since however, there can be a marriage without public cohabitation as man and wife, and since the failure to so do may ......
  • Simpson v. Hightower, No. 26593.
    • United States
    • United States Court of Appeals (Georgia)
    • March 18, 1938
    ...tools and did not rent them from Mr. Simpson, they was already his and he give them to me to cut with." In Durham Land Co. v. Kilgore, 56 Ga. App. 785, 786, 194 S.E. 49, 50, it was said: "If the employer has or assumes the right under the contract to control and direct how the work shall be......
  • Md. Cas. Co v. Stewart, No. 31485.
    • United States
    • United States Court of Appeals (Georgia)
    • February 28, 1947
    ...in favor of the claimant and in dismissing the appeal. Hockmuth v. Perkins, 55 Ga.App. 649, 191 S.E. 156, Durham Land Co. v. Kilgore, 56 Ga.App. 785, 194 S.E. 49, Continental Casualty Co. v. Payne, 56 Ga.App. 873, 194 S.E. 428, American Mut. Liability Ins. Co. v. Harris, 61 Ga.App. 319, 6 S......
  • Request a trial to view additional results

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