Jordan v. Lindeman & Co.

Habtshobne, C. P. J.

Respondent appeals from the Bureau’s award to petitioner on the grounds (1), that respondent is not a “contractor” within the meaning of the statute R. S. 34:15—79; N. J. S. A. 34:15—79, and that (2), petitioner had not earned any wages before the injury occurred.

It is undisputed that respondent, a coal dealer, had customarily engaged one Pentimone to help him with the latter’s trucks in delivering coal to customers, some of which could be directly chuted from the wagon to the customers’ coal bins, others of which had to be carried, and that the customers paid an…