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LOCUST COAL COMPANY v. BENNETT

325 S.W.2d 322 (1959)

LOCUST COAL COMPANY et al., Appellants, v. Will Hamblin BENNETT, Appellee.

Court of Appeals of Kentucky.

June 19, 1959.

Attorney(s) appearing for the Case

Smith, Denham & Gillis, Middlesboro, for appellant.

Carlos B. Pope, H. M. Tye, Barbourville, for appellee.

MILLIKEN, Judge.

The sole issue presented by this case is whether Bennett was an employee of Locust Coal Company at the time of an accident in which he was seriously injured, or was an independent contractor. The Workmen's Compensation Board held Bennett was an independent contractor, but the Circuit Court ruled he was an employee and the judgment is the subject of this appeal.

Bennett was engaged in the occupation of hauling coal from Locust Coal Company...

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