Wren v. D. F. Jones Construction Company

Roéins, J.,

dissenting. I respectfully dissent.

In my opinion the evidence adduced showed that Wren was an employee of appellee, D. F. Jones Construction Company, and not an independent contractor.

The testimony, in which there was not the slightest conflict, established that:(1) Wren was not hired to do any particular piece of work or, to haul any specified amount of gravel. “ Arrangement for definite quantity of work is held characteristic of independent contractorship, and lack of such definiteness tends to show that the worker is an employee, at least where payment is by the unit of work."…