James v. McDonald

This is a workmen’s compensation case. 1'he single question presented is whether an employer-employee relationship existed between L. H. McDonald and the deceased, Wally James. The Industrial Commissioner determined that James was an employee of McDonald, the circuit court reversed and held that James was not an employee.

At the hearing before the Industrial Commissioner, L. H. McDonald was the only witness and testified substantially to the following facts: McDonald is engaged in the general trucking business at Rapid City. He holds a Class B authority from the South Dakota Public Utilities…