99 Ga. 250 | Ga. | 1896
1. One who was employed as a “woodsman,” and whose duties as sueh included overlooking and superintending a large number of ordinary hands engaged in turpentine operations, w/ho had authority to employ and discharge these hands, who also worked in a commissary in the capacity of a clerk, and who was employed for his skill in rendering services which obviously required mental and business capacity rather than the mere power to do manual toil, these services consisting much more largely of “head work” than of “hand work,” was not a laborer entitled under section 1974 of the code to foreclose a lien as such, although in point of fact, and of necessity, 'he did in the performance of his duties a considerable amount of manual labor and often became physically fatigued.
2. Under the evidence contained in the record, the verdict was contrary to law, for the reason that the jury could not properly find that the plaintiff was a “laborer.” Oliver v. Macon Hardware Co., 98 Ga. 249, and cases cited. Judgment reversed.