Wells v. Eagle-Picher Mining & Smelting Co.

*795The opinion of the court was delivered by

Smith, J.:

This was an action for workmen’s compensation. The commissioner of workmen’s ■ compensation awarded compensation. On appeal to the district court this award was approved. The respondent appeals.

The workman at the time of his injury was operating a power-driven drill rig. He was drilling prospect holes on a lead and zinc mining lease. The respondent, the Eagle-Picher Mining and Smelting Company, owned this lease. It had entered into an oral contract with respondent Swalley, who owned the drill rig, to drill prospect holes on the lease in…