Fahey v. Terp

Matson, Justice.

Certiorari to review a decision of the industrial commission awarding compensation to William J. Fahey, respondent.

The sole issue is whether the evidence sustains the commission’s finding that the relationship between Theodore Terp, the employer, and Fahey was that of employer and employe. Employer contends that the evidence as a matter of law requires a finding that respondent was an independent contractor.

In Lemkuhl v. Clark, 209 Minn. 276, 277, 296 N. W. 28, 29, we said:

“In determining whether the relationship is one of employe or independent contractor, the most important…