Shelton v. City of Greeneville
The plaintiff initiated a suit against the city of Greeneville under the Workmen's Compensation Act to recover for injuries, specifically the loss of an eye, sustained during a street extension project. Although generally employed and paid by the Tennessee Emergency Relief Administration (TERA), the plaintiff argued that he was a loaned servant to the city at the time of the accident, making the city liable as his special employer. The trial judge dismissed the suit, prompting the plaintiff's appeal to this Court. The Court, however, found that TERA exercised proprietary control over the project, fixing work hours and bearing the majority of the cost, despite the city providing a foreman and a small financial contribution. Consequently, the Court affirmed the lower court's decision, concluding that the city of Greeneville was not the plaintiff's employer, either generally or specially, and thus bore no liability under the compensation statute for the plaintiff's injuries.