Roush v. Town of Esmond

Whether the proof established the relation of employer and employee between the town of Esmond, a municipal corporation of the third class, SDC 45.0102, and the claimant, Cecil Roush, is the principal question presented by this appeal from an award of workmen’s compensation under the provisions of SDC 64.

The town of Esmond had formerly operated an electric utility. The system had been abandoned in anticipation of service to the community by an REA project. Prom con-*408Aiding testimony the Industrial Commissioner was justified in believing the following facts. While all of the members of the…