Majority
p. 873In the Matter of the Claim of W. J. Osteehout, Respondent, against Town of Rochester and Another, Appellants. State Industrial Board, Respondent.
This is an appeal by the employer and insurance carrier from an award in favor of the claimant, who ran a garage and who was employed to go out and help repair a steam shovel belonging to the town. There is no evidence in the case showing that he was an employee of the town, but the evidence shows that he was an independent contractor. Award reversed, and claim dismissed, with costs against the State Industrial Board. Hill, P. J., Rhodes, MeNamee, Crapser and Bliss, JJ., concur.