Utah Fire Clay Co. v. Industrial Commission

EPHRAIM HANSON, Justice.

I dissent. The Utah Fire Clay Company, herein referred to as the company, contends that Mr. Franklin was an employee of R. S. James, an independent contractor. On the other hand, the defendant Franklin asserts that he was an employee of the company. This presents the sole question before us. The accident and injury are not questioned.

It appears from the evidence that Mr. James, approximately six years before the accident, entered into a parol agreement with the Company whereby he agreed to do all its hauling and delivery work incident to its business. The contract…