White Top and Safeway Cab Co. v. Wright, No. 43329
| Court | United States State Supreme Court of Mississippi |
| Writing for the Court | LEE |
| Citation | 251 Miss. 830,171 So.2d 510 |
| Parties | WHITE TOP AND SAFEWAY CAB COMPANY et al. v. Christopher C. WRIGHT. |
| Docket Number | No. 43329 |
| Decision Date | 08 February 1965 |
Page 510
v.
Christopher C. WRIGHT.
[251 MISS 831] Daniel, Coker & Horton, John M. Roach, Jackson, for appellant.
[251 MISS 832] J. A. Travis, Jr., L. K. Travis, Jackson, Glenn F. Manning, Huntsville, Ala., for appellee.
[251 MISS 833] LEE, Chief Justice.
On the claim of Christopher C. Wright against White Top and Safeway Cab Company and its insurer, for [251 MISS 834] benefits under the Workmen's Compensation law, the attorney-referee, the facility of the Commission, awarded benefits as provided in the order. The Commission affirmed that action; and, on appeal, the circuit court affirmed. The Cab Company has appealed to this Court.
The question is whether the relationship between Wright and the Cab Company was that of employer and employee, or whether he was in independent contractor.
Page 511
The statement of facts by both the appellants and the appellee show little, if any, difference in their respective versions. Both sides emphasize the evidence as it may happen to benefit their views of the controversy.
It is unnecessary to detail the facts item by item. It is sufficient to say that the appellants undertook to show, by reason of a written contract in 1958, under a so-called franchise basis, that there was no employer-employee relationship between the parties. They pointed out several slight differences. On the other hand, the claimant, by his evidence, showed that this franchise basis was for only weekly periods, and that the claimant was not only subject to control under the contract, but that, in practice, he was actually controlled in his work in a number of instances: Wright was required to operate the same kind of car, the same kind of mechanical equipment thereon, furnished by the Cab Company, to wear the same kind of uniform, to receive his call for passengers from the same central point, to buy gas and oil from the company, and was subject to the same rules of conduct as all other drivers. True, he paid in advance a weekly rental for the franchise, together with other items; but, he could secure a substitute driver only on approval of the Company. So far as carrying on the taxicab business was concerned, Wright's participation therein was an intergral part of the business.
In Wade v. Traxler Gravel Co., 232 Miss. 592, 100 So.2d 103 (1958), the relationship of a gravel hauler, [251 MISS 835] that is, whether he was an independent contractor, a servant, or an agent, was under consideration in order to determine his...
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Yellow Cab Cooperative, Inc. v. Workers' Comp. Appeals Bd., No. A046628
...Cab Co. v. Industrial Commission, supra, 86 Ill.2d 354, 55 Ill.Dec. 928, 427 N.E.2d 48; White Top and Safeway Cab Co. v. Wright (1965) 251 Miss. 830, 171 So.2d 510; Shinuald v. Mound City Yellow Cab Co. (Mo.App.1984) 666 S.W.2d 846; Employers Ins. v. Greater Omaha Transp. Co. (1981) 208 Neb......
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Nelson v. Yellow Cab Co., No. 3249.
...Yellow Cab Co. v. Industrial Comm'n, 124 Ill.App.3d 644, 80 Ill.Dec. 96, 464 N.E.2d 1079 (1984); White Top and Safeway Cab Co. v. Wright, 251 Miss. 830, 171 So.2d 510 (1965); Shinuald v. Mound City Yellow Cab Co., 666 S.W.2d 846 (Mo.Ct.App. 1984); Employers Ins. v. Greater Omaha Transp. Co.......
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Nelson v. Yellow Cab Co., No. 25467.
...96, 464 N.E.2d 1079 (1984); Purchase Transp. Svcs. v. Estate of Wilson, 39 S.W.3d 816 (Ky.2001); White Top and Safeway Cab Co. v. Wright, 251 Miss. 830, 171 So.2d 510 (1965); Walls v. Allen Cab Co., 903 S.W.2d 937 (Mo.App.E.D.1995); Hemmerling v. Happy Cab Co., 247 Neb. 919, 530 N.W.2d 916 ......
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Brown v. L. A. Penn & Son, No. 45422
...v. Guthrie, 187 So.2d 17 (Miss.1966); Brown v. E. L. Bruce Co., 253 Miss. 1, 175 So.2d 151 (1965); White Top & Safeway Cab Co. v. Wright, 251 Miss. 830, 171 So.2d 510 (1965); Wade v. Traxler Gravel Co., 232 Miss. 592, 100 So.2d 103 (1958); Sones v. Southern Lbr. Co., 215 Miss. 148, 60 So.2d......
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Yellow Cab Cooperative, Inc. v. Workers' Comp. Appeals Bd., No. A046628
...Cab Co. v. Industrial Commission, supra, 86 Ill.2d 354, 55 Ill.Dec. 928, 427 N.E.2d 48; White Top and Safeway Cab Co. v. Wright (1965) 251 Miss. 830, 171 So.2d 510; Shinuald v. Mound City Yellow Cab Co. (Mo.App.1984) 666 S.W.2d 846; Employers Ins. v. Greater Omaha Transp. Co. (1981) 208 Neb......
-
Nelson v. Yellow Cab Co., No. 3249.
...Yellow Cab Co. v. Industrial Comm'n, 124 Ill.App.3d 644, 80 Ill.Dec. 96, 464 N.E.2d 1079 (1984); White Top and Safeway Cab Co. v. Wright, 251 Miss. 830, 171 So.2d 510 (1965); Shinuald v. Mound City Yellow Cab Co., 666 S.W.2d 846 (Mo.Ct.App. 1984); Employers Ins. v. Greater Omaha Transp. Co.......
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Nelson v. Yellow Cab Co., No. 25467.
...96, 464 N.E.2d 1079 (1984); Purchase Transp. Svcs. v. Estate of Wilson, 39 S.W.3d 816 (Ky.2001); White Top and Safeway Cab Co. v. Wright, 251 Miss. 830, 171 So.2d 510 (1965); Walls v. Allen Cab Co., 903 S.W.2d 937 (Mo.App.E.D.1995); Hemmerling v. Happy Cab Co., 247 Neb. 919, 530 N.W.2d 916 ......
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Brown v. L. A. Penn & Son, No. 45422
...v. Guthrie, 187 So.2d 17 (Miss.1966); Brown v. E. L. Bruce Co., 253 Miss. 1, 175 So.2d 151 (1965); White Top & Safeway Cab Co. v. Wright, 251 Miss. 830, 171 So.2d 510 (1965); Wade v. Traxler Gravel Co., 232 Miss. 592, 100 So.2d 103 (1958); Sones v. Southern Lbr. Co., 215 Miss. 148, 60 So.2d......