Carlson v. Costello

This is an action for damages due to an injury suffered-by plaintiff while constructing an addition to a garage owned by defendant. The single issue presented is whether the evidence is such that the trial court correctly determined as a matter of law that the relationship existing between plaintiff and defendant at the time of the injury was that of master and servant. The trial judge dismissed 1he action on the basis that he had no jurisdiction because in his opinion the facts disclosed that a master and servant relationship existed,'and plaintiff at the time of the injury was within the…