Claim of Dutcher v. Victoria Paper Mills Co.

The question of whether one person engaged in work for another is the latter’s servant or an independent contractor can be determined by a general definition only when there is no dispute in the facts. If the evidence on the subject is conflicting it is a mixed question of law and fact; and the relation is determined as an ultimate fact. This conclusion is reached by applying legal principles to related facts and the inferences reasonably drawn therefrom.

The tests are simple but their application is often difficult. (Braxton v. Mendelson, 233 N. Y. 122, 124.) The rule prevailing in this State…