Helton v. Tall Timber Lumber Co.
Helton v. Tall Timber Lumber Co.
Opinion of the Court
Under these circumstances, we are clear that plaintiff’s husband was not an employé. He had not hired his services (O. C. arts. 164, 2745), but was working as his own master. He was at liberty to do the work when ana as he pleased. He was not even being paid wages, but only for whatever work he chose to accomplish. A workman who in the man-( ner of doing his work is under nobody’s direction or control, but his own cannot be classed as an employé, but is an independent contractor. Ann. Cas. 1913B, 574; 14 R. C. L. 67; 65 L. R. A. 447; Moffet v. Koch, 106 La. 371, 31 South. 40; Robideaux v. Hebert, 118 La. 1089, 43 South. 887, 12 L. R. A. (N. S.) 632; Clark v. Tall Timber, 140 La. 380, 73 South. 239; Young v. Fosburg L. Co., 147 N. C. 26, 60 S. E. 654, 16 L. R. A. (N. S.) 255.
Judgment affirmed.
Reference
- Full Case Name
- HELTON v. TALL TIMBER LUMBER CO. OF LOUISIANA, Inc.
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- 28 cases
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- Syllabus
- (Syllabus by Editorial Staff.) 1. Master and servant Under Workmen’s Compensation- Act, § 6, one employing an independent contractor was; liable for the death of one working for the contractor, if the workman was an employé, and not himself an independent contractor. 2. Master and servant &wkey;>367 — Worker cutting logs for pay based on quantity held “independent contractor” and not “employé”' within Compensation Act. Where a person clearing a railroad right of way employed a number of men to fell trees and saw them into logs, who worked independently of each other and were paid at so much per thousand feet of lumber, and were not employed for any fixed time nor any given quantity of work, and the employer furnished saws and axes and kept them in good order, but exercised no control over them or their work and no supervision, except to designate the place of cutting and to see that the stumps were left, ievel with the ground, one of the men so employed was an independent contractor and not an employé, as he did not hire his services within Oiv. Code, arts. 164 and 2745. [Ed. Note. — For other definitions, see Words, and Phrases, First and Second Series, Employé; Independent Contractor.]