Provensano

J.—Petitioners seek annulment of an award of the Industrial Accident Commission granting compensation to respondent Horner for an injury to his eye while engaged in chopping and cording wood. The only question presented upon review is whether Horner was an employee of petitioner Provensano or an independent contractor.

In February, 1930, Provensano entered into a written contract with Horner under which Horner agreed to cut and pile on Provensano’s ranch not less than two hundred cords of wood at $3.50 per cord. Thereafter Horner, together with his son and two other men, proceeded to the ranch and began operations under the contract. The arrangements with the three other men were made by Horner. The men furnished their own axes and wedges and Provensano furnished the saws. Shortly after starting to cut and pile the wood under the written contract it was ascertained that there was not enough wood on the ranch to make two hundred cords. Thereupon it was agreed that the contract be canceled, Provensano telling the men, “Go ahead and cut wood, I will pay you three dollars and fifty cents a cord”. Thereafter Provensano paid each man for the wood cut and piled by him at the agreed…