Allen v. McIntosh Lumber Co.

Citations

• 117 Miss. 156
• 77 So. 909

Syllabus

<p>1. MaeRiage. Suit Toy widow. Evidence of marriage relation.</p> <p>In a suit by a widow for tbe death of her husband, where the defendant pleaded that she was not the lawful wife of deceased, it was reversible error to allow the defendant to show the marriage of a man of a similar name to another woman, and a divorce decree, of such persons rendered after the marriage of plaintiff and deceased, where there was no proof that deceased was ever served with process in the divorce suit or was even the party made defendant in such-, suit.</p> <p>2. Master awd Servant. Injury to servant. Independent contractor. Burden of proof.</p> <p>Where in a suit by a widow for the death of her husband against a lumber company and a paper company, it appeared that the lumber company had entered into a contract with the paper company in which the lumber company was to furnish the paper company slabs from its saws and to furnish the motive power for the operation of the slasher saw and to convey the slabs from the saw of the lumber company to the slasher saw of the paper company and that deceased was employed by the lumber company-in operating the carriage that conveyed the lumber from the-sawmill to the slasher saws, and was injured by a slab being thrown from the slasher saw back to where he was working, and it further appearing that a third party had been orally contracted with by the paper company to operate the slasher saws and to deliver the slabs at a designated point at so much per cord, he to furnish his own labor. In such case in order for plaintiff to hold the paper company liable it was incumbent upon her to-show the terms of such oral contract.</p>