Aslakson v. State Department of Highways

Peterson, Justice.

Respondent was awarded compensation for personal injuries sustained while engaged in cleaning the tail-gate on his truck as arising out of and in the course of his employment. The question for decision is whether the evidence sustains a finding that he was an employe rather than an independent contractor.

In May 1942, respondent was hired by the state highway department under what is called a “Rental Agreement For Truck And Operator,” by the terms of which he agreed to furnish the truck and operate it himself personally, or furnish an operator satisfactory to the department,…