250 N.W. 292 | Mich. | 1933
Lead Opinion
This is an appeal from an award of compensation by the department of labor and industry. Defendant contends plaintiff was an independent contractor.
Plaintiff was a piece worker, cutting logs at a stated sum per log, varying with the size of the timber. The relationship had some of the elements of an independent contractorship, such as that plaintiff was paid by the piece; that he furnished his own *509
tools; that he engaged a partner to work with him; and that he was given a strip of timber to cut. Kimberg v. Murray,
The case presented an issue of fact for the department, and its decision is final.
Award affirmed.
McDONALD, C.J., and POTTER, SHARPE, NORTH, and BUTZEL, JJ., concurred with FEAD, J.
Dissenting Opinion
On the facts stated in the opinion, plaintiff was an independent contractor. Acts of defendant after the accident cannot relate back to the time of the accident.
The order appealed from should be reversed.
CLARK, J., took no part in this decision. *510