Carlson v. Chicago & Northwestern Railway Co.

The following opinion was filed November 11, 1924:

Rosenbekry, J.

We have been aided in our consideration of this case by a model of the permanent and temporary chutes referred to in the statement of facts. It is difficult to make a correct description of the apparatus and we shall attempt to make no further or other statement than is sufficient to exhibit the questions which we think are controlling in this case.

In the first place, it is conceded that Warnock was an independent contractor; he had a contract to load so many thousand tons of ice, at a specified price per ton. The manner of doing…