Costley v. Nevada Industrial Insurance Commission

The Nevada industrial insurance act defines an employee to be a "person in the service of an employer." The existence of a contract for hire in itself is not sufficient to establish this relationship, but in addition to the contract there must be the actual service. In the instant case the contract was entered into on November 2. By the very terms of the contract Costley was not to go to work until the morning of November 3. Therefore, when the alleged accident occurred on November 2, he was not in the service, as defined by the act, and would not be in the service of the company until the…