Meyer v. Adams
| Decision Date | 07 June 1932 |
| Docket Number | No. 22188.,22188. |
| Court | Missouri Court of Appeals |
| Parties | MEYER v. ADAMS et al. |
Appeal from Circuit Court, Cape Girardeau County; Frank Kelly, Judge.
"Not to be officially published."
Proceeding for compensation under the Workmen's Compensation Act by Alfred Meyer, employee, opposed by J. H. Adams and another, employers. From a judgment reversing a finding and decision of the Workmen's Compensation Commission, which reversed and set aside a referee's award of compensation, and remanding the cause for further hearing, the employers appeal.
Affirmed.
Spradling & Dalton, of Cape Girardeau, for appellants.
E. A. Mason, of Jackson, for respondent.
Plaintiff filed his claim with the Missouri Workmen's Compensation Commission and alleged that, while in the employ of the defendants, on February 19, 1931, he met with injuries which resulted in the loss of the sight of his right eye.
The defendants filed an answer denying that the claimant had been employed by them.
The claim was first heard by a referee who found in claimant's favor but on review by the entire commission the award of the referee was reversed and set aside, in the following language:
On appeal the circuit court ultimately held that, if the claimant was in fact an independent contractor, as found by the commission, "by reason of working for McClard, still, under subdivision a, § 3308, Rev. Stat. of Mo. 1929, the defendants would be liable, and therefore, the commission's conclusion of law as to the non-liability is erroneous," and accordingly reversed the finding and decision of the commission, and remanded the cause for further hearing. From said judgment of the circuit court the defendants, employers, appealed.
It appears that the defendants, Adams and Hines, had a contract with the Badgett Contracting Company for 4,000 feet of riprap lumber and some piling. Adams and Hines owned a tract of timber land from which they proceeded to get the lumber to be furnished on said contract, and for this purpose employed a number of men to cut timber.
The claimant, Alfred Meyer, testified that he was employed by defendants to cut timber for them at $1.50 per thousand feet; that the defendants employed approximately 18 or 20 men on the job; that ordinarily only 2 men worked together. According to Meyer he went first to Adams and talked to him about securing a job cutting timber. Adams referred him to Hines. Thereupon, together with a man named McClard and one Cotner, he went to the defendants' tract of timber and asked a job of Hines, who, upon inquiring and finding that they had brought their saw, ax, wedge, and hammer with them, said, "Come on down and go to work"; that Hines showed them the timber which he wanted cut and the length that he wanted; thereupon the claimant, together with McClard, started to work.
There is no controversy but that after Meyer had worked for several days, "while driving a wedge," a piece flew out and hit him in the right eye, causing loss of the sight thereof.
Claimant testified that he had no definite hour for reporting to work, nor any specified quitting time, and that while he was on the job nobody came and gave him any specific directions; that he and McClard worked together, dividing their money half and half; that he did not work on rainy or cold days; that at the time he met with his injury he had worked two and one-half days, and received from the defendants the sum of $4.75 for the timber that he had cut during that period of time.
Testimony was adduced on behalf of the alleged employers to the effect that Meyer had asked Adams for a job but that Adams had refused to employ him; that McClard had also asked Adams for a job and that Adams directed him to consult Hines who...
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