Reeder v. Kimball Laundry
Decision Date | 14 June 1935 |
Docket Number | 29526. |
Citation | 261 N.W. 562,129 Neb. 306 |
Parties | REEDER v. KIMBALL LAUNDRY ET AL. |
Court | Nebraska Supreme Court |
Syllabus by the Court.
1. An independent contractor is one who renders the service in the course of an independent occupation, representing the will of his employer only as to the result of the work, and not as to the means by which it is accomplished.
2. " There is no hard and fast rule by which to decide whether one is an employee or an independent contractor, but that relation must be determined from all the facts in each particular case." Showers v. Lund, 123 Neb. 56 242 N.W. 258.
3. One who contracts to haul coal from railroad cars to the employer's coalbins, furnishing his own truck, appliances and labor, at 55 cents a ton payable after each car-load is hauled; who may perform the work himself or hire others to do it; who has a right to hire and discharge his assistants, fix their wages and hours of labor, and is liable for their compensation; and who has the power to direct when, where and how the detail of the work shall be performed is, within the meaning of the Workmen's Compensation Law, an independent contractor, and not an employee.
Appeal from District Court, Gage County; Messmore, Judge.
Proceedings under the Workmen's Compensation Law by Leonard A Reeder, claimant, opposed by the Kimball Laundry and another. From a decree of the district court, on appeal from the compensation commissioner, granting compensation to the claimant, defendants appeal.
Judgment reversed, and cause dismissed.
Sackett & Brewster and Dean R. Sackett, all of Beatrice, for appellants.
Killen & Van Borkum, of Beatrice, for appellee.
Heard before GOSS, C. J., ROSE, EBERLY, DAY, PAINE, and CARTER, JJ., and RYAN, District Judge.
This is a suit under the Workmen's Compensation Law (Comp. St. 1929, § 48-101 et seq.). The plaintiff, Leonard A. Reeder, recovered an award before the compensation commissioner from which an appeal was taken to the district court. From a decree in favor of the plaintiff, the defendant brings the case to this court on appeal.
The only question involved is whether the plaintiff was an employee of the defendant or an independent contractor.
The plaintiff sustained a broken wrist in cranking his truck while hauling coal for the defendant. The evidence shows that for eight or nine years prior to the injury the plaintiff had done general draying and hauling for the defendant, including the hauling of coal, salt and trash. Plaintiff received 55 cents a ton for hauling coal, he furnishing his own truck and employing what extra help he required. The evidence was that whenever a car of coal arrived on track the plaintiff was called, informed of that fact and told where to put the coal. When the car was unloaded plaintiff was given a check for the full amount due him. The testimony shows that plaintiff hauled for other persons when not doing dray work for the defendant. Plaintiff contends that he was at all times under the absolute control of defendant while doing the work. We think that a fair interpretation of the evidence is that defendant directed plaintiff where to put the coal and saw to it that the contract was carried out as agreed. The plaintiff controlled all the details of the work. He determined the hours he should work, selected and paid his own helpers, he could haul the coal himself or employ others, and could work for others whenever he desired. After a car of coal was unloaded the defendant was under no obligation to give him work and he was under no obligation to work for the defendant. After plaintiff was employed to unload a car of coal, we believe, after a reading of the evidence, that he could not be discharged without liability on the part of the defendant. The only recourse defendant had was to refrain from engaging him in further jobs.
1 Shearman and Redfield, Law of Negligence (6th Ed.) 395, § 164.
In Potter v. Scotts Bluff County, 112 Neb. 318, 199 N.W 507, 509, this court said: ...
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