Dwigans v. Olander

The defendant-appellant, Vernon D. Olander, conducts a business called “Custom Manure Spreading” which involves cleaning manure out of feedlots and corrals and spreading it on farmlands. Olander provides this service to numerous farmers in southern Idaho. Olander contracts to load and haul the manure at a specified price per truck load and distributes the manure on the farmer’s land in accordance with the farmer’s instructions.

The claimant-respondent, Kurtis I. Dwigans, was employed by Olander to drive one of the manure spreading trucks used in the business. On November 1, 1975, Dwigans was…