Sprecher v. Roberts

The first error relied upon is that the trial court found as a matter of law that the relation of employer and employee, rather than that of independent contractor and contractee, existed between defendants and Christensen, the mason who was building the chimney.

In December, 1931, the defendant Ray Roberts engaged Christensen to build the chimney. Christensen stated that he would need a helper, and Roberts inquired whom he could get. Christensen recommended one Thompson, and Roberts secured Thompson as helper, it being understood that Thompson would work under Christensen’s direction.…