MATTER OF SCHWEITZER v. GOLDSMITH


279 A.D. 687 (1951)

In the Matter of the Claim of Harry Schweitzer, Respondent, v. Barnett Goldsmith, Appellant. Workmen's Compensation Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 14, 1951.


One issue raised is that claimant was an independent contractor. He was a roofer by trade but had no shop of his own. He testified himself that he did not work under a contract but was employed by the day for a daily wage. The alleged employer supplied all of the material and equipment used on the roofing work claimant was engaged in when he was injured. Appellant asserted that claimant was his partner but the board rejected this contention. At most only a question of fact...

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