Matter of Glielmi v. Netherland Dairy Co.

Cardozo, Ch. J.

The question to be determined is whether claimant was a servant within the meaning of the Workmen’s Compensation Act and so entitled to an award.

The Netherland Company, Incorporated, was the owner of a dairy in the city of Syracuse. Its business was divided into routes, and separate routes were allotted to separate salesmen. One of these routes, described as No. 43, went to the claimant Glielmi, who was employed under a written contract. By this contract, which describes him as a salesman, he is given the privilege of making sales of milk and cream along the route allotted to…