Carter

This case comes up on certiorari to review the findings and award of the Industrial Accident Commission in favor of Roy E. Ladd against C. T. Carter. From the return to the writ it appears that Carter was engaged in the business of buying and shipping grain; that he had purchased about sixty carloads of wheat in Modoc County f. o. b. the cars at the nearest railroad station. After the sellers, (farmers) had loaded part of the grain, a shortage of cars occurred, necessitating.the placing of several loads upon the railroad platform awaiting the arrival of the cars. When the required cars arrived, the farmers, whose duty it was to load the grain, were at their homes, some twelve miles from the station, and in order to avoid the delay incident to sending for them, Carter employed Ladd for four days to load the grain that was on the platform. It was while loading this that Ladd slipped and broke his knee-cap, for which injury the commission awarded him indemnity against Carter. As a basis for his protest Carter claims that Ladd was not an “employee” within the terms of the Workmen’s Compensation, Insurance and Safety Act, since his employment was both casual and not in the usual course…