Kneeland-McLurg Lumber Co. v. Eder

• Decision Date: 18 June 1928
• Citation: 196 Wis. 402,220 N.W. 199
• Parties: KNEELAND-MCLURG LUMBER CO. v. EDER ET AL.
• Court: Wisconsin Supreme Court

196 Wis. 402

220 N.W. 199

KNEELAND-MCLURG LUMBER CO.

v.EDER ET AL.

Supreme Court of Wisconsin.

June 18, 1928.

Appeal from a judgment of the Circuit Court for Dane County; Hon. A. G. Zimmerman, Judge.

Action by the Kneeland-McLurg Lumber Company against William G. Eder and the Industrial Commission of Wisconsin to review and set aside an award of the Commission. From a judgment affirming the award, plaintiff appeals. Reversed and remanded, with instructions.--[By Editorial Staff.]

Action begun December 15, 1926. Judgment entered December 17, 1927.

The plaintiff is a corporation, existing under the laws of this state, and in the year 1925 was engaged in the business of logging and lumbering in Northern Wisconsin. On the 20th day of October of said year, one Eder, while engaged with others in the construction of a logging railway grade for the plaintiff, sustained personal injuries. Eder, claiming that he sustained the relationship of an employee towards the plaintiff, applied to the Industrial Commission for compensation. As a defense to the claim of the claimant, the plaintiff herein strenuously urged that Eder was not one of its employees, but, on the contrary, was an independent contractor.

There was introduced in evidence an alleged contract in writing, dated July 15, 1925, in which contract the plaintiff herein was referred to as the company, and the claimant, Eder, and others, as independent contractors. The contract further provides that Eder and others, in consideration of the payments provided for in the contract, agreed to construct a railroad grade and right of way in such locations as shall be indicated by the plaintiff's woods superintendent, and which grade and right of way shall be constructed in accordance with certain specifications set out in the body of the contract. Eder et al. also agreed to furnish all tools, dynamite, and other supplies necessary in the performance of this contract. The contract proceeds with the following provisions:

“Control and Time: While it is understood and agreed that the manner of performance of the work and control over the details thereof shall rest entirely with the contractor, it is agreed that the contractor shall diligently proceed with the work with a sufficient number of workmen to complete the same on or before the _____ day of _____, 192--.

Price and Payment: For constructing the railroad right of way and grade, it is agreed that the company shall pay the contractor the sum of 10.00 dollars per station of one hundred lineal feet. * * *

Insurance: The contractor agrees to at all times carry an ample amount of liability or compensation insurance at his own expense for the purpose of protecting the company from all liability on account of any accident to any employee. The policies of such insurance are to be kept in the possession of the company until the contract is completed.”

The company's name is...