MATTER OF McCRACKEN v. ABBEY OF GETHSEMANI, INC.


285 A.D. 1100 (1955)

In the Matter of the Claim of Francis McCracken, Respondent, v. Abbey of Gethsemani, Inc., and/or Cistercian Monastery of Our Lady of the Genesee (Trappist) et al., Appellants. Workmen's Compensation Board, Respondent

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

April 1, 1955.


The principal issue upon this appeal is whether the status of the claimant at the time he was injured was that of an employee or an independent contractor. The appellant monastery operated a general farm. The claimant and one Kime, who were neighboring farmers, were asked by the monastery to assist it in filling a silo with corn. The claimant and Kime jointly owned a box cutter and blower which they brought with them and they also brought a truck and tractor. The other equipment...

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