Campbell v. Travelers Insurance Co.
Campbell v. Travelers Insurance Co.
Opinion of the Court
1. “Triors of fact are not compelled to accept the sworn version of a witness to a particular fact, much
2. “ ‘Where one is employed generally to perform certain services for another, and there is no specific contract to do a certain piece of work according to specifications for a stipulated sum, it is inferable that the employer has retained the right to control the manner, method, and means of the performance of the contract, and that the employee is not an independent contractor.’ [Mitchem v. Shearman Concrete Pipe Co., 45 Ga. App. 809 (1) 165 S. E. 889].” Malcom v. Sudderth, 98 Ga. App. 674, 687, supra.
3. “ ‘In order for one to be an independent contractor so as to be outside the protection of the workmen’s compensation act, the contract of employment must itself be one, which contemplates a definite beginning, continuance, and ending.’ [99 C. J. S. 342, § 99 (55)]”. Malcom v. Sudderth, supra, p. 686.
4. “The law does not permit the employer, simply by designating certain of his employees independent contractors, to- by-pass the workmen’s compensation law, and this is true, although the employer may bona fide believe that the end referred to may be accomplished in the manner mentioned.” Malcolm v. Sudderth, supra, p. 685.
5. “ ‘In determining the real character of a contract, courts will always look to its purpose, rather than to the name given it by the parties.’ Hays v. Jordan, 85 Ga. 741, 748 (11 S. E. 833, 9 L. R. A. 373).” Malcom v. Sudderth, supra, p. 685.
6. Applying the. above law to the facts in the present case the finding was authorized by the evidence that St. Regis Paper Company purchased the right to cut pulpwood timber from the land of Valene Bennett and then employed Bennett-Nixon Timber Company, a corporation, to cut the pulpwood timber
7. Therefore, since it is undisputed in the present case that the claimant did receive an injury as the result'of an accident arising out of and in the course of his employment, the judgment of the Superior Court of Bacon County reversing the award of the State Board of Workmen’s Compensation must be reversed, inasmuch as neither the superior court nor this court has authority to reverse an award of compensation by the State Board of Workmen’s Compensation which is supported by any competent evidence.
Judgment reversed.
Dissenting Opinion
dissenting. In my opinion there is no evidence in this case authorizing the finding that the St. Regis Paper Company had or exercised the right of control of the
Reference
- Full Case Name
- CAMPBELL v. TRAVELERS INSURANCE COMPANY Et Al.
- Cited By
- 7 cases
- Status
- Published