Mantonya v. Bratlie

I dissent.

As I understand the majority opinion it holds that the evidence shows, as a matter of law, that the leveling work done on defendant’s land was by an independent contractor, and, therefore, the sum paid to him by defendant was not a part of defendant’s payroll, and hence plaintiff cannot recover on the basis of the law applicable to a person subject to the workmen’s compensation laws who has failed to carry workmen’s compensation insurance. I do not agree with this holding.

It is clear that under the circumstances of this case, as pointed out by the majority opinion, the plaintiff is…