Norwich bulletin., 1917-02-10
Redden construelion Go. EmpIoyer
compensaion cosnuaissions npuehue Finds They Were
 Real covs<nins Pewsr ovw servis~ ef John Foley, Killed in .Aee;dent -DsasdsaRs Widow Wa Awarded compens.tion For 3Iz Wssls from Fehruary Seventh.

a I608On8Dl6
 might expect that . teamster. driving . team on streets where there is traf- dc, aut0nobiles and other teams ntisht receive such injuries as Foley death Z sss The deash @ e,a5m r made by the Redden Construction Co. 10 that Foley was in the employ of Fsiae F. H. and A. H. Chappe1l Cos and sorney maintains that .'the right to control the manner of executing work is the test of a master" and Where q person does anothers bidding and defed can stop him at any time is a servant" These statements are true to a limited extent. but without quail 1cation and without applying them to specific eases. they would be very
 Tn the case of Foley, his contract of hire wAs made with the Redden Con- struction company. It has been shown ps7ay made a profit out of all the men they iet to the sChappell company, while in the particular case of FN.ey, they did not make profit, but there was a profit made out of the whole transacticn. It was also profitable. I have q right to assume for Redden to put Foley into the employ of the Chappell company or into the employ see it. so that in case his own work more teamsters he would immediately have them at his call and conven- fence.
 Nc Direct Control.
 While it may be true that the Red- den Construction company had not di- rect control over the manner in which the coal teams might be loaded. it could hardly be expected that circum- mess such as the Chappell company were conducting. Mir. Redden's busi- ness was that of renting teams and the Chappell's business was that of company rented teams to the Chap pell company whatever directory pow CT the Redden people had over those teams was delegated to the Chappell people.
 While the attorney for the Redden Construction company claims that from September 22nd to the time of his death Foley never reported to the Red- den Construction company. it is also true that while this statement may be true in its entirety, for he did r~5ort to the Redden Construction Go. for employment in the first place and for his pay afterwards. and they were the Foley would look for hire and for dis charge, and before he could get into the employment of the Chapel Co. he must first sever his connection with the Redden Company.
 Made Contract With Redden Go.
 It is claimed by the attorney for Foley's dependent that within the meaning of the Compensation act the Chappell company were using the ser- vices Of the deceased for pay. It is true that they were using the services of Foley for pay which pay was re- ceived by the Redden company but in reality it was services for which they paid the Redden company with whom they made contract for such servic- es, they not knowing Foley in the transaction at all.
 In concluding his summary of the whole case, the commissioner says:
 In conclusion. all the facts in the present case tepd to show that Foley was in the employ of the ReGen Con struction company who were the real governing power when the vital ques- tions, such as hiring and dismissing and paying for services, were up for consideration. In consequence of these facts, the award hereinbefore made is against the Redden Construction com pany as employer and the Employers Liability Assurance Corp. Ltd. as in- surer. both being found to be the re- spondents in this case. and the award is also based on the price paid by the Redden Construction company toteam- sters in their employ.
 The memorandum of decision covers a dozen typewritten ages and the whole finding covers a total of sev- enteen typeWrttten pages.