MacKay v. Department of Labor & Industries

This appeal is from a judgment of the superior court in favor of claimant Donald MacKay and against the department of labor and industries.

One LeMay had a contract with Mason county for the construction of a road and employed the claimant with his caterpillar upon the work. Claimant was paid for his time and the use of the caterpillar at the rate of two dollars an hour. The employer was to furnish the gasoline required to operate the caterpillar.

While claimant was in the prosecution of his work, the caterpillar became disabled by the breaking of one of its parts. The nearest place where…