McDowell v. Duer
Indiana Court of Appeals
From the Industrial Board of Indiana. Proceedings for compensation under the Workmen’s Compensation Act by Almeda Duer against Frank McDowell and others, doing business in the firm name of the Bluffton Hoop Company. From an award for applicant, the defendants appeal.
1Dissent
Dissenting Opinion.
Enloe, J.
— I cannot give my assent to the reasoning, nor to the result reached in the majority opinion in this case. In that opinion the terms “contractor” and “independent contractor” are practically shorn of all their meaning. They are limited to specific contracts to do specific work. The entire matter must be definite and certain. I also think that the law as applied to independent contractors should not be limited merely to the law of negligence, and that it has its proper place in the application of the compensation laws. It should not, as stated in the majority…
2Cases cited4 opinions
- Western Indemnity Co. v. PillsburyCalifornia Supreme Court · 1916
- Kelley's Dependents v. Hoosac Lumber Co.Supreme Court of Vermont · 1921
- Claim of Rheinwald v. Builders' Brick & Supply Co.Appellate Division of the Supreme Court of the State of New York · 1915
- People ex rel. Kelly v. DooleyAppellate Division of the Supreme Court of the State of New York · 1915