Mitchell's Case
Supreme Judicial Court of Maine
On appeal by defendant. This is a proceeding under the Workmen’s Compensation Act, and the questions involved are as to whether claimant at the time of the injury was an employee within the purview of the Act, or, as claimed by defendant, was either within the exceptions as a casual employee, or was an independent- contractor.
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On appeal by defendant. This is a proceeding under the Workmen’s Compensation Act, and the questions involved are as to whether claimant at the time of the injury was an employee within the purview of the Act, or, as claimed by defendant, was either within the exceptions as a casual employee, or was an independent- contractor. The claimant, a farmer, lived near to the quarry of the Maine Feldspar Company, and for the past six years, had been in the employ of that company, to a certain extent, under an oral understanding that whenever in the carrying on of the business it should become…
1Opinion of the CourtCornish, C. J.
The only issue in this case is whether the claimant at the time of the injury was an employee of the defendant within the purview of the Workmen’s Compensation Act or, as claimed by the defendant, was either within the exceptions as a casual employee or was an independent contractor.
The undisputed facts are these. The claimant is a farmer, living next to the quarry of the Maine Feldspar Company. For the past six years he has been in the employ of that company to a limited extent, under an oral agreement that whenever in the carrying on of the business of the company it should become necessary…
2Cases cited8 opinions
- Gaynor's CaseMassachusetts Supreme Judicial Court · 1914
- Thompson v. TwissSupreme Court of Connecticut · 1916
- State ex rel. City of Northfield v. District Court of Rice CountySupreme Court of Minnesota · 1915
- Aurora Brewing Co. v. Industrial BoardIllinois Supreme Court · 1917
- Cheevers's CaseMassachusetts Supreme Judicial Court · 1914
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Le Tourneau v. Consolidated Fisheries Co.Supreme Court of Delaware · 1947
- McFall v. Barton-Mansfield Co.Supreme Court of Missouri · 1933
- Billmayer v. SanfordSupreme Court of Minnesota · 1929
- White v. Monmouth Canning CompanySupreme Judicial Court of Maine · 1967
- O'BRIEN v. United StatesDistrict Court, D. Maine · 1964
6 more not listed; retrieve them via the Exa API.