Christean v. Industrial Commission

I dissent. At the outset, I am ready to concede that the question posed by this case is very close, and that Mr. Justice LATIMER, in his very able opinion, has stated very strongly the position for which the majority holds. However, after a study of the previous Utah cases treating the question here involved, I am convinced that a contrary result should obtain.

The prevailing opinion quotes from the Restatement of Agency, Section 220, which enumerates nine criteria for determining whether one acting for another is a servant or independent contractor, and then proceeds to point out that all but…