Gardner v. Trustees of Main Street Methodist Episcopal Church

This case was originally decided in Gardner v. Trustees of Main Street Methodist Church, reported in 244 N. W. 667. A rehearing was granted, and the former opinion is hereby withdrawn.

The defendant Methodist Episcopal Church of Ottumwa is a volunteer association for church purposes; the other defendant is an insurance carrier from whom the church had purchased a compensation policy to protect its workmen, about to he employed. The church had undertaken the construction of a church building in Ottumwa, and was at the time in question engaged in excavation work for the basement of the church.…