Industrial Commission v. Laird

Where there is a dispute as to whether or not a workman is an independent contractor or a servant, such dispute is a disputed fact and must be determined by the jury, under proper instructions. 14 Ruling Case Law, Section 16, pages 78 and 79.

Where a contract is written, or, if oral, and no dispute of fact exists as to whether or not the workman is a servant or an independent contractor, the question becomes a question of law for the court. Idem.

The vital test in determining whether a person employed to do certain work is an independent contractor or a mere servant is the control over the work…