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LUPTON v. McDONALD

[No. 214, September Term, 1965.]

241 Md. 446 (1966)

217 A.2d 262

LUPTON v. McDONALD

Court of Appeals of Maryland.

Decided March 1, 1966.

Attorney(s) appearing for the Case

Submitted on brief by Ernest V. Wachs for the appellant.

Submitted on brief by John S. Hollyday and Bruce C. Lightner for the appellee.

The cause was submitted to HAMMOND, HORNEY, OPPENHEIMER and McWILLIAMS, JJ., and RAINE, J., Associate Judge of the Third Judicial Circuit, specially assigned.

OPPENHEIMER, J., delivered the opinion of the Court.

This case under the Workmen's Compensation Act turns on the question of whether the appellant, Thomas W. Lupton (Lupton) was a casual employee. Lupton was seriously injured on February 12, 1964 while working for Carl A. Milburn (Milburn) who was under contract to cut trees for the appellee, Clifton J. McDonald (McDonald). Lupton filed a claim with the Workmen's Compensation...

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