Guse v. Industrial Commission

.The following opinion was filed October 20, 1925 :■

Rosenberry, J.

Two questions are presented here for our consideration: First, Was the defendant Zuehlke in the employ of Albert Guse, who was an independent contractor? and second, Did the fact that the plaintiff for a short time employed more than three men bring him under the workmen’s compensation act without any other or further election on his part ?

Upon the first proposition we think it too clear for argument that Albert Guse was not an independent contractor. A determination of the second question requires a statement of the history of…