E. C. Klipstein & Sons Co. v. State Compensation Commissioner

Hatcher, Judge:

A. H. Polhamus was killed on May 11, 1932, by falling from a scaffold while repairing windows for E. C. Klipstein & Sons Company. Compensation was allowed to the dependent children of the deceased, and the company appealed on the ground that deceased was an independent contractor and not within the provisions of the compensation law.

The facts legitimately established are not disputed and are as follows: Polhamus had entered into a contract with the company to repair sixteen windows in one of its buildings, at $5.00 a window. No time was fixed for the completion of the work. The…