Hall

By this proceeding there is presented to the court for review an award made by the Industrial Accident Commission, together with the evidence heard in support thereof. One Ramgren made application under provisions of the Workmen’s Compensation Act (Stats. 1913, p. 279, as amended by Stats. 1917, p. 831) to secure an order allowing to him compensation on account of injuries alleged to have been suffered while in the employ of petitioner. An award was ordered by a majority of the commissioners, the third member dissenting therefrom. It is insisted that the award cannot be sustained for two principal reasons: (1) Because Ramgren was, at the time he was injured, acting not as the employee of Hall but as an independent contractor; (2) conceding that Ramgren was such employee, that the act which he was engaged in doing was one wholly outside of the discharge of any duty owing to or required of him by his employer.

[1] Under the undisputed facts as the record shows them to be, we are of the opinion that the commission erred in its decision, and that the award cannot be allowed to stand. Petitioner Hall was a rancher and dairyman. As a dairyman he produced a considerable quantity of milk…