Simmons v. Cathey-Williford & Jones Co.
| Decision Date | 15 March 1954 |
| Docket Number | CATHEY-WILLIFORD,No. 39081,39081 |
| Citation | 220 Miss. 389,70 So.2d 847 |
| Court | Mississippi Supreme Court |
| Parties | SIMMONS v.& JONES CO., Inc., et al. |
Ruth Campbell, Yazoo City, for appellant.
Butler, Snow & O'Mara, Jackson, for appellees.
Wesley Simmons, the appellant, made claim under the workmen's compensation law for benefits for certain injuries. He took the position that he was an employee of Cathey-Williford & Jones, Inc., hereinafter called Cathey. Cathey contended appellant was an employee of Norman Wilson, an independent contractor. On a hearing had before the attorney-referee, the claim was denied. The full commission affirmed the ruling and Simmons appealed and the circuit court affirmed the commission.
The sole question on appeal to this Court is whether Norman Wilson was an independent contractor. We state facts sufficient for an understanding of that question.
Cathey was a lumber manufacturer. It bought timber and had the logs cut and hauled to its Grenada plant. Some of the logs were placed upon railroad property for loading on railroad cars for shipmet to Grenada. At some such places, Cathey rented the land where the logs were placed for loading. The loading of such logs was a necessary part of Cathey's operation. Cathey entered into a verbal contract with Norman Wilson to load such logs owned by Cathey and placed on various points on the railroad for shipment to its plant. Wilson was paid $12.50 for each car loaded. Wilson was to furnish the logger's dream used in loading the logs, which machine was owned by a third party to whom no rent was paid by Wilson. Wilson furnished all operating expense and repairs of the logger's dream. Wilson paid his own labor, consisting of appellant and one other. Wilson had the sole right to hire and discharge appellant and the other laborer, and to hire whom he pleased. He paid such laborers such sums as he saw fit. Wilson and his laborers started and stopped work as Wilson determined. Wilson was told by Reed, Cathey's assistant manager, where logs were to be loaded. Reed ordered the cars for loading and then notified Wilson to load them. Reed went to the loading operation about once a week. Cathey did not, and had no right to, give orders as to the details of the loading operations. Wilson was paid weekly; he cashed his check and paid his laborers weekly. The contract was for no specified time and the parties understood it could be terminated at any time by either party. Reed scaled the logs to be loaded and sometimes Wilson would help him, but Wilson was not paid for this service. Neither Wilson nor his laborers were carried on the payrolls of Cathey. Appellant had been hired by Wilson at $7 per day to help in the loading operations, and was injured while so engaged. Wilson also loaded logs for Gooch Lumber Company who was the owner of the logger's dream, the only...
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