Claim of Fancher v. Boston Excelsior Co.

H. T. Kellogg, Acting P. J.:

The claimant made a contract with the Boston Excelsior Company through its manager, Mr. Hornbeck, to cut and pile cordwood for four dollars and fifty cents per cord. No other terms were specified than as stated in the following words by claimant: “ I simply took the job at cutting wood from Mr. Hornbeck at so much per cord.” The burden of establishing a contract of employment was clearly upon the claimant. So far as appears, the claimant might have executed the thing to be done by such means, in such manner, and at such times as his own choice dictated. He might…