Home Ins. Co. v. Hillview 78 West Fire Dist.

John Plemons, a volunteer fireman with Hillview 78 West Fire District, was injured when the firetruck in which he was a passenger ran off the road and wrecked. At the time of the accident the firetruck was being driven by Harold Sheelor, a full-time employee of Hillview. In his suit against Hillview and Sheelor, Plemons alleged that he was not an employee of Hillview. Both defendants denied this allegation and asserted that, because Plemons was an employee at the time of the accident, his claims were barred by the Workmen's Compensation laws of the State.

During the pendency of Plemons' suit,…