{
  "id": 1606786,
  "name": "Mid-State Construction Co. v. Henry B. Means, Judge",
  "name_abbreviation": "Mid-State Construction Co. v. Means",
  "decision_date": "1968-11-25",
  "docket_number": "4735",
  "first_page": "691",
  "last_page": "693",
  "citations": [
    {
      "type": "official",
      "cite": "245 Ark. 691"
    },
    {
      "type": "parallel",
      "cite": "434 S.W.2d 292"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "228 Ark. 1084",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        8726192
      ],
      "weight": 2,
      "opinion_index": 0,
      "case_paths": [
        "/ark/228/1084-01"
      ]
    }
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  "last_updated": "2023-07-14T16:29:50.317094+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [
      "Harris, C.J., concurs."
    ],
    "parties": [
      "Mid-State Construction Co. v. Henry B. Means, Judge"
    ],
    "opinions": [
      {
        "text": "Paul Ward, Justice.\nThe only question presented here is whether the circuit court or the Workmen\u2019s Compensation Commission has jurisdiction of a cause of action which arose out of a highway collision. The facts presently set forth are not in dispute.\nOn October 5, 1967 John Brooks was killed while driving a truck, loaded with asphalt, from the plant site of Mid-State Construction Co. (petitioner here) located near Malvern to a job site near Arkadelphia. The truck belonged to Mrs. W. L. Tatum, d/b/a Gr. T. Trucking. On November 20, 1967 Reta Brooks (widow of deceased) filed a claim with the Arkansas Workmen\u2019s Compensation Commission (called Com.) contending her husband was an employee of petitioner, and asking for compensation. On December 21, 1967, petitioner responded to said petition, alleging the deceased was not its employee but was an independent contractor and was acting as such at the time of his death.\nBefore any further steps were taken before the Commission, the widow filed, in the circuit court, a \u201cComplaint for Declaratory Judgment\u201d asking the court to declare that the deceased was an employee of petitioner. After the introduction of interrogatories the trial court gave petitioner ten days to answer or to further plead, preparatory to trying the issue raised in the complaint.\nOn July 12, 1968 petitioner (Mid-State) asked this Court to prohibit the circuit judge from proceeding further, and to allow time for filing a transcript and brief. This request was granted, and the issue is now presented to us on briefs by both parties.\nPetitioner (Mid-State) contends that the circuit judge should be prohibited from proceeding further in the declaratory judgment action because:\n\u201cThe subject matter of this litigation lies solely with the Arkansas Workmen\u2019s Compensation Commission, and the Hot Springs County Circuit Court is without jurisdiction.\u201d\nIt is our conclusion that, under the undisputed facts in this case, the Writ should be granted. This conclusion is based on our opinion in the case of City of Cabot v. Morgan, 228 Ark. 1084-1085, 312 S.W. 2d 333. There, the rule applicable in the case here was plainly stated by this Court in the following language:\n\u201cIt has been pointed out that declaratory judgment statutes, such as our uniform act, Ark. Stats. 1947, Title 34, Ch. 25, are intended to supplement rather than supersede ordinary causes of action. Anderson on Declaratory Judgments, \u00a7 48. In harmony with this principle it is well settled that declaratory relief should be withheld when the same questions are already at issue in a pending case.\u201d\n(Citing Cases.)\nIt must be conceded that, in the case before us, the issue (was the deceased an employee of Mid-State?) was pending before the Commission when the circuit court attempted to assume jurisdiction and decide the same issue.\nGranted.\nHarris, C.J., concurs.",
        "type": "majority",
        "author": "Paul Ward, Justice."
      }
    ],
    "attorneys": [
      "Terral, Rawlings, Matthews & Purtle for petitioner.",
      "James C. Cole for respondent."
    ],
    "corrections": "",
    "head_matter": "Mid-State Construction Co. v. Henry B. Means, Judge\n4735\n434 S.W. 2d 292\nOpinion Delivered November 25, 1968\n[Rehearing denied December 23, 1968.]\nTerral, Rawlings, Matthews & Purtle for petitioner.\nJames C. Cole for respondent."
  },
  "file_name": "0691-01",
  "first_page_order": 715,
  "last_page_order": 717
}