Lemkuhl v. Clark

Loking, Justice.

Gertiorari to review an order of the industrial commission affirming a referee’s order of disallowance of compensation. The order is attacked by the widow of the deceased upon the ground that decedent at the time of his injury was an employe and not an independent contractor.

At the time of his injury deceased was engaged in painting a grain elevator owned by respondent. Deceased and one Auer, as partners, had solicited the job from respondent and submitted a bid of $148 for the completed work. A written contract had been executed and the work was in progress. The contract…