Fehrenbacher v. Oakesdale Copper Mining Co.

Citations

• 65 Wash. 134
• 117 P. 870
• 1911 Wash. LEXIS 904

Syllabus

<p>Master and Servant — Relation—Independent Contractor — Evidence — Question por Jury. Whether a mine was operated by one as an independent contractor, or as a servant of the owner of the mine, is for the jury and it is error to dismiss the suit, where it appears that, at the time he was engaged by defendant to take charge of the mine, under a contract to pay him $10 per foot, he was insolvent, that he purchased powder and supplies on the credit of the defendant and hired the men, that defendant paid the men and for supplies by bank drafts forwarded to the payees by its secretary, and also furnished all the tools and machinery, except steel, engaged to pay all the bills without limiting its liability, and agreed to reimburse the manager, if he went behind on his contract, to the extent of a miner’s or foreman’s wages.</p>