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• Title: Plewe Const. Co. Et Al. v. Industrial
• Author : Supreme Court Of Utah
• Release Date : January 03, 1952
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

WADE, Justice. Certiorari review an award by the Industrial Commission to Vernal Anderson for injuries sustained while working
as a shingler on a building being constructed by the Plewe Construction Company. The sole question to be determined is whether
the Plewe Construction Company was the employer of Vernal Anderson. At the hearing before the Commission it appeared that the Plewe Construction Company, which was the general contractor for
building of the 13th Ward Chapel, contacted John Marshall through an advertisement in a newspaper inserted by him and Bill
Hunt who worked together on shingling jobs, to the effect that they repaired or fixed roofs. Marshall and Hunt agreed to do
the shingling for $3.25 a square which midway through the work they did was changed to $3.50 a square upon their request for
better compensation. Marshall and Hunt shingled about 85% of the roof, the Plewe Construction Company having obtained others
to do the rest of it. When Marshall and Hunt reported for work, Mr. Plewe, the president of the Construction Company, told
them he wanted the shingles put on 1/4 inch apart and spaced 5 inches to the weather, that they were to split the wide shingles
and were to keep a straight line by chalking across. Mr. Plewe or his brother constantly supervised their work to see that
those instructions were followed, sometimes requiring them to correct their work, particularly in regard to splitting shingles.
The construction company furnished all the materials, the shingles being placed at the bottom of a ladder by the company where
the shinglers were to get them and carry them up to the roof. Marshall and Hunt furnished only their tools and labor. They
did not have to report at any particular hour or leave at any stated time. They shingled when the weather permitted. The work
was being done in the winter time and Mr. Plewe was anxious to have the work finished speedily. He requested that more men
be put on to help shingle. Hunt inserted an ad in a newspaper for a shingler and Anderson was obtained through it. Anderson
was offered the same compensation Marshall and Hunt were receiving, those two expecting to receive the full amount from the
company in a single check and to pay Anderson themselves from it. Anderson reported for work on January 11, 1951, and when
he got there Plewe directed him, Hunt, Marshall and some carpenters working on the job to place a tarpaulin on the roof to
protect them from the weather, it having snowed. After this was done, Anderson commenced to shingle and had just started when
he slipped and fell about 22 feet to the ground sustaining the injuries for which the award was made. Plaintiffs contend that
Marshall and Hunt were independent contractors and that Anderson was their employee.

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