CUTSHIN COAL COMPANY v. CAMPBELL


309 S.W.2d 39 (1957)

CUTSHIN COAL COMPANY et al., Appellants, v. Lillie CAMPBELL et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied February 7, 1958.


Attorney(s) appearing for the Case

J. W. Craft, Jr., Craft & Stanfill, Hazard, for appellants.

Maxwell P. Barret, Hazard, for appellees.


CLAY, Commissioner.

This is a workmen's compensation case involving the sole question of whether or not the deceased was an employee of appellant. The referee, the Board and the circuit court decided that he was.

The deceased was engaged to haul coal for appellant from its mine to the tipple. He owned his own truck, paid his own expenses and was compensated at the rate of 75 cents per ton. No social security or unemployment taxes were deducted from his compensation...

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