SMITH v. SINDT

No. 9620.

405 P.2d 959 (1965)

Elzie William SMITH, Claimant-Appellant, v. Henry W. SINDT, dba Sindt Logging Company, Employer, and Guaranty National Insurance Company, Surety, Defendants-Respondents.

Supreme Court of Idaho.

September 22, 1965.


Attorney(s) appearing for the Case

Thomas A. Mitchell, Coeur d'Alene, for appellant.

E. L. Miller and Philip E. Dolan, Coeur d'Alene, for respondents.


McFADDEN, Justice.

The issue presented by the sole assignment of error in this appeal is whether the Industrial Accident Board erred in its determination that the relationship of Elzie William Smith, claimant, with Henry W. Sindt, doing business as the Sindt Logging Company, was that of an independent contractor and not that of an employee.

In October, 1963, Henry W. Sindt, entered into a logging contract with Northwest Timber Company, whereby Sindt, for agreed...

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