Gerber v. Sherman

The opinion of the court was delivered by

Heher, J.

While serving defendant Sherman as a bricklayer in the performance of a contract with his co-defendant, Arrow Construction Company (hereinafter referred to as “Arrow”), for the doing of the mason work required to erect a dwelling house upon lands owned by the latter, prosecutor suffered injury by accident arising out of and in the course of his employment. Sherman did not carry workmen’s compensation insurance; and the point of inquiry is whether, at the time of the happening of the accident, Arrow and he bore to each other the relation of…