Smith v. Jones

This appeal relates to certain claimed errors of the trial court in failing to hold, from the subordinate facts found by the commissioner, (1) that the plaintiff had no contract of employment with the defendant Jones, and that the relation of employer and employee did not exist between them, and hence that they were not subject to the Compensation Act; (2) that the parties (Smith and Jones) were engaged in a joint enterprise as to which no relation of employer and employee arose. A claim was also made that the court erred in not correcting paragraph twelve of the finding.

Paragraph twelve was…