Madix v. Hochgreve Brewing Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Brown county: S. D. Hastings, Circuit Judge. The defendant had conducted a brewing business for a number of years previous to 1911, during which time it had found it necessary to have performed for it considerable mason work, which had been done by one Schmidt under substantially the following arrangement: Schmidt hired and discharged the men employed; fixed their compensation and hours of labor; directed them during the…
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Appeal from a judgment of the circuit court for Brown county: S. D. Hastings, Circuit Judge. The defendant had conducted a brewing business for a number of years previous to 1911, during which time it had found it necessary to have performed for it considerable mason work, which had been done by one Schmidt under substantially the following arrangement: Schmidt hired and discharged the men employed; fixed their compensation and hours of labor; directed them during the progress of the work; and furnished the tools' and appliances needed. The men were paid directly by the defendant, and it paid…
1Opinion of the CourtVinje, J.
The first question presented by the appeal is the correctness of the trial court’s ruling that Schmidt was an independent contractor and not a servant or agent of the defendant. The evidence upon which the ruling was based is not in conflict, so it resolves itself into a determination of whether or not the correct legal conclusion was drawn from the undisputed fact's. The definitions of the term “independent contractor” found in the decisions are uniformly fin harmony and may be summarized as “one who, exercising an independ*451ent employment, contracts to do a piece of work according to Ms own…
2Cases cited14 opinions
- Singer Manufacturing Co. v. RahnSupreme Court of the United States · 1889
- Ives v. South Buffalo Railway Co.New York Court of Appeals · 1911
- Powell v. Construction Co.Tennessee Supreme Court · 1890
- Norwalk Gaslight Co. v. Borough of NorwalkSupreme Court of Connecticut · 1893
- Koepp v. National Enameling & Stamping Co.Wisconsin Supreme Court · 1912
9 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Eric Brant v. Schneider National Inc.Court of Appeals for the Seventh Circuit · 2022
- Bond v. HarrelWisconsin Supreme Court · 1961
- Lazarus v. SchererIndiana Court of Appeals · 1931
- James v. Tobin-Sutton Co.Wisconsin Supreme Court · 1923
- Village of Weyauwega v. Industrial CommissionWisconsin Supreme Court · 1923
23 more not listed; retrieve them via the Exa API.