Phipps v. Greensboro Gas Co.

Opinion by

Keller, J.,

This is a workmen’s compensation case. The question at issue is whether claimant, at the time he was hurt, was an employee of the Greensboro Gas Company or an independent contractor. The referee and, on appeal, the board, found he was the latter. This conclusion rests largely on the construction to be given the written contract between the parties. This is a matter of law, which is reviewable by the courts: Kelley v. D. L. & W. R. Co., 270 Pa. 426, 428, 113 Atl. 419.

The claimant was and is a partner in the firm of Swartzlander & Phipps, who are oil and gas well drilling…