215 Wis. 284 | Wis. | 1934
If the applicant Everson was an employee within the meaning of the compensation act, it would seem to follow as a logical conclusion from the facts
“ ‘Employe’ as used in this chapter means :
“(4) Every person in the service of another under any contract of hire, express or implied.” .
The facts found by the commission as well as the undisputed evidence upon the trial establish the fact that there was no contract of hire, express or implied. The practice followed is one common to many country golf courses. There is not enough patronage to warrant the club maintaining a caddy master with a staff of caddies. Boys in the neighborhood are permitted to come upon the grounds, and there to await the appearance of a golf player who desires to employ a caddy. The terms of the employment are fixed by the player, compensation for the service of the boy is paid directly to him, and his term of employment ends when his employer decides to quit the game. The golf club which owns the premises upon which the golf player' plays has no contract either with the player or with the caddy, nor is a player required to employ a caddy, and he may choose from the boys then upon the premises such one of them as he likes. It appears in this case and it is a common practice in many other cases that the boys among themselves enforce a certain priority of right to be chosen. With that the club had nothing to do. A player might bring his caddy with him or play without a caddy. That was entirely optional with him. In this respect the facts of this case distinguish it from many of the cases cited where the club maintains a staff of caddies, caddies are hired through the club, their compensation paid by the club, the liabilities for injury to the caddy are assumed by the club, and an entirely different situation exists. The finding that Mr. and Mrs. Caldwell acted as caddy masters is
An attempt is made to support the award on the theory that the caddies in rendering service to the player made the grounds more attractive, and so brought business to the club and thereby conferred a benefit. The relation of employer and employee does not arise as a result of. benefits conferred. There must be either expressly or by implication a contract of hire. In cases where caddies are furnished by the club, porters by sleeping-car companies, bootblacks, newsboys and vendors by hotels, nurses by a visiting nurses’ association, the relationship does ordinarily arise because the one who furnishes the service is under contract with the employer, although his compensation may be paid in whole or in part by the person to whom the service is rendered. Such cases have no application to the facts in this case.
By the Court. — Judgment appealed from is reversed, and cause remanded with directions to enter judgment setting aside the award.