Gallegos v. Stringham

ELLETT, Justice:

This is an appeal by the plaintiff from a directed verdict in favor of the defendant. The only issue involved is whether both plaintiff and defendant were working for the same employer at the time when the defendant injured the plaintiff. There is no dispute in the facts of the case. The dispute arises over the legal effects to be given those facts.

A determination of this matter involves the construction of Sec. 35-1-42, U.C.A. 1953, which so far as material reads:

Where any employer procures any work to be done wholly or in part for him by a contractor over whose work he…