Brewer v. Vinegar Hill Zinc Co.

The opinion of the court was delivered by

Burch, J.:

Defendant appeals from an order of the district court • denying a petition to review an award of compensation. The contested issue was whether the workman was an employee of defendant, or an independent contractor.

The order appointing the arbitrator expressly referred to him the subject whether, if accidental injury occurred, it arose out of and in the course of employment. No objection was made to the reference, and after a full hearing the arbitrator found the relation between the parties was that of employer and employee. The facts upon…