Mueller v. Luther

BeilfüSS, J.

The issues are: (1) Under the undisputed material facts was Timm an independent contractor as a matter of law; (2) were either Luther, Jr., or Luther, Sr., employees of Green Giant; (3) was the removal and hauling of corn silage over the highway an inherently dangerous act?

The affidavit of Green Giant in support of the motion incorporates a written contract signed by Green Giant and Timm covering the silage removal from the Green Giant canneries in Ripon and Rosendale. Among other provisions, the written contract contains this provision:

“7. That Contractor is not an agent, servant…