PARTIN-LAMBDIN LUMBER COMPANY v. FRAZIER


308 S.W.2d 792 (1957)

PARTIN-LAMBDIN LUMBER COMPANY, Appellant, v. Elzina FRAZIER et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied January 31, 1958.


Attorney(s) appearing for the Case

W. R. Lay and Grant F. Knuckles, Pineville, Robert L. Milby, Lexington, for appellant.

Farmer Helton and J. C. Helton, Pineville, for appellees.


CLAY, Commissioner.

In this workmen's compensation case the circuit court confirmed an award of the Board to the widow of a man killed while performing work for appellant. The only issue in the case was and is whether the deceased was an employee or an independent contractor.

The deceased was a young man who was engaged by appellant to cut timber. He had his own saw and he was paid on the basis of board feet of timber cut.

Appellant instructed the...

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