Employers' Liability Assurance Corp. v. Industrial Accident Commission

The question presented for review herein is whether a person engaged to assist a professional golf instructor in the performance of his duties under a contract with a country club, as well as to assist such golf instructor in the conduct of a golf business located on the premises of the country club, the profits of which became the sole property of the golf instructor, was an employee of the country club and as such entitled to compensation for injuries received by him in the course of his employment, as provided by the Workmen’s Compensation, Insurance and Safety Act. (Stats. 1917, p. 831.)

The facts appear to be that one Hunter, who was a professional golf instructor, had a contract with the Brentwood Country Club evidenced by the following communication:

It further appears that under the provisions of such contract Hunter employed a man named Campbell to assist him in the performance of his duties as “club professional,” as well as in the conduct of his “privilege to sell golf supplies,” etc.; that in the course of business, a golf club was sold to one of the members of the Brentwood Country Club, which golf club later required some repairs or alterations, and that in…