McCall v. Bell Telephone Co.

Opinion by

Gawthrop, J.,

Plaintiff was a teamster who owned and drove his own team and for more than a dozen years had done hauling of various kinds for defendant and others, as occasion arose, at a per diem rate which covered the personal services of himself, the use of the team and other equipment necessary to do the work. Defendant, engaged in furnishing telephone service over its lines, employed plaintiff from time to time to haul telephone poles from its ware room to points along its lines when they were being maintained, repaired and renewed by its own linemen. Plaintiff’s work consisted…