Glen M. Barney & Sons, Inc. v. Industrial Commission

I dissent and, in doing so, emphasize two propositions:

The first and what should be controlling is that the Court’s decision reverses the decision of the Commission on a ground not urged before the Commission nor presented on appeal. The plaintiff’s statement of its only point on appeal is that “the evidence . is insufficient to sustain the finding that Jensen was the employee of Barney.” The finding that he was an employee is the ultimate fact upon which the award is based; and it is not necessary that the findings detail the evidence thereon, though it is submitted that that evidence is in…