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BLACKBURN v. WITHROW TIMBER CO.

56856, 56857.

148 Ga. App. 444 (1978)

251 S.E.2d 367

BLACKBURN v. WITHROW TIMBER COMPANY, INC. et al. FRY v. WITHROW TIMBER COMPANY, INC. et al.

Court of Appeals of Georgia.

Decided December 1, 1978.

Rehearing Denied December 14, 1978.

Attorney(s) appearing for the Case

Douglas W. McDonald, for appellant (Case No. 56856).

Cathey & Strain, Dennis T. Cathey, for appellant (Case No. 56857).

Lawrence, Rice & Lawrence, George D. Lawrence, Jr., Erwin, Epting, Gibson & McLeod, Henry G. Garrard, III, Henry Green, Seaborn Ashley, Fortson, Bentley & Griffin, J. Edward Allen, for appellees.

DEEN, Presiding Judge.

1. The trial court in its order correctly stated that the only issue at this stage of the proceedings is as to the status of J. L. F. & S. Co., and whether it has been established conclusively that this company was an independent contractor as to Withrow Timber Co. rather than an agent or employee such that its negligence could be charged against this timber purchaser. The appellees of course argue that the hauler is indisputably an independent...

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