Spodick v. Nash Motors Co.

The following opinion was filed November 11, 1930:

Fairchild, J.

The controlling question is, Was plaintiff at the time of the accident loaned to and in the employ of the defendant? If so, his remedy is under the workmen’s compensation act and this action must be dismissed.

The existence of the relation of employer and employee between defendant and plaintiff was in issue and upon the record it is to be assumed the trial court decided it did not exist. There is no serious dispute in the testimony as to the events leading up to the plaintiff’s entering upon the work at the Nash plant. The…