Driessen v. Schiefelbein

Plaintiff brought this proceeding to recover compensation under the Workmen’s Compensation Law, SDC Title 64, 64.0101 et seq. The Industrial Commissioner denied an award, which was reversed upon appeal of the claimant to the circuit court. Defendants have now appealed.

The facts in the case are undisputed. In the fall of 1938 several farmers in the immediate vicinity of Milbank organized a “ring” to conduct threshing operations. The claimant, Driessen, was a member of this ring as was also the defendant, Schiefelbein. Schiefelbein owned and operated the threshing rig which was to be used to…