Gearhart v. Summit Fast Freight, Inc.

Opinion by

Ross, J.,

In this workmen’s compensation case, the only question before us is whether at the time he suffered a fatal injury the claimant’s husband, Norman B. Gearhart, was an independent contractor or was an employe of the defendant. The referee dismissed the claim petition on the ground that the claimant’s deceased husband was an independent contractor. The referee was affirmed by the board, exceptions thereto dismissed by the court below, and judgment entered for the defendant. Thereupon the claimant took this appeal.

Gearhart was killed on E'ecember 4, 1946, when his truck, in…