65 Ind. App. 339 | Ind. Ct. App. | 1917
This is an appeal from the award of the full board rendered on review.
The finding of facts filed with the award are as follows: “On the 8th day of July, 1916, plaintiff was in the employment of the defendant at an average weekly wage not exceeding $10; that on said date he received a personal injury by an accident arising out of and in the course of his employment, resulting in the total, permanent loss of the entire vision of his right eye; that the defendant had actual knowledge of the plaintiff’s accident and injury on the day of its occurrence.”
In addition to the facts above set out the undisputed evidence shows that appellee had an agreement with the appellant to do hauling for it. He was to furnish his own horse and the company was to pay him seventy-five cents a load to haul down to the depot and fifty cents for hauling to Twenty-First street and thirty cents an hour for hauling around the factory. He was hauling sheet metal around the factory on a single wagon and was pulling in the driveway between two buildings on the premises of the appellant when something was whisked through the air and struck him in the eye. Appellee hauled whenever there was anything to haul. Part of the time he used his own wagon and part of the time the company’s wagon. At the time he was injured he was using his own wagon and horse. His wagon had a sign “Transfer” on one side and another sign “Charles Lewis Transfer” on the other side. Ap
The claim was resisted by appellant on the ground that appellee was an independent contractor. Appellee’s work was limited by the right of the company to terminate it at any time, and it was for no definite period or amount. The particular work he was performing when injured was under the control of the company. Under the evidence we cannot say that appellee was an independent contractor. Tuttle v. Embury-Martin Lumber Co. (1916), 192 Mich. 385, 158 N. W. 875, 879.
Judgment affirmed.
Note. — Reported in 116 N. E. 1. Independent contractors, definition, 76 Am. St. 382. Workmen’s Compensation Act: who is a