Union Indemnity Co. v. Foley

LATTIMORE, Justice.

A railroad company was levelling a tract of land on which to build a railroad yard. Appellee had a contract to take dirt from an excavator and haul it to the lower portions of the tract and there spread and level it. The hauling was done by trucks. Three men were assigned to each truck, a driver and two helpers. Also graders and shovels were used in spreading the soil after it was dumped by the trucks.

Appellant issued a policy of workmen’s compensation insurance upon the employees of appellee, and sues here for the premiums therefor, claiming that the men above referred to,…