Manhattan Industries, Inc. v. Paul
Manhattan Industries, Inc. v. Paul
Concurring Opinion
concurring specially. There may possibly be an issue of fact for resolution in this case, and for that reason alone and under the applicable rules of summary judgment I concur in the judgment only.
The record shows a filing with the State Board of Workmen’s Compensation by Mr. Paul wherein he seeks an award of compensation for his injuries in the same occurrence, alleging that he was an employee of Manhattan Shirt Company, Inc. at Americus (the correct name now
Unless more evidence is produced than appears in this record on which to base the claim that he was acting as an independent contractor rather than as an employee, it is my judgment that a finding of the master and servant relationship is demanded under the holding in Baird v. Travelers Ins. Co., 98 Ga. App. 882 (107 SE2d 579).
Opinion of the Court
Where the trial court overrules the defendant’s motion for summary judgment this court will not reverse unless from the entire record construed against
Judgment affirmed.
Reference
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