Farmer v. Purcell

Citations

• 109 Kan. 612
• 201 P. 66
• 1921 Kan. LEXIS 336

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>COMPENSATION Act — Injuries to Employee of Independent Contractor— Coniractee Not Liable. The owner of a sawmill had occasion to remove a quantity of sawdust that had accumulated. He arranged for his employees to feed it into a chute through which by an endless chain it was conveyed to an elevated bin from which it could be loaded into wagons by gravity. He contracted with a person to take it from the bin as fast as should be necessary to prevent such accumulation there as to delay the work, and remove it to a designated place, in consideration of the payment of a fixed price per hour. A driver employed by such person was injured while attempting to load a wagon from the bin and sued the mill owner under the compensation act. It is held that such person was an independent contractor and the plaintiff was not an employee of the defendant.</p>