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Appellate Advocacy Keyed to Meador, 2nd Ed.
Village of Weyauwega v. Kramer
Citation:
192 N.W. 452 (1923)Facts
The Village of Weyauwega, through its bridge committee, contracted with John P. Kramer to paint a village bridge for a fixed sum of $75. The village would supply the paint, while Kramer would provide the brushes and labor. Kramer was instructed to clean the dirt off the bridge, scratch off old scales, and apply one coat of paint to the ironwork. He was free to do the work at his own convenience and in his own way. The committee specifically chose this arrangement to avoid having to supervise the work or keep track of hours. There was no express requirement that Kramer perform the work personally, though he typically did his own work without hiring helpers. While performing this job, Kramer sustained injuries that resulted in his death. His widow filed for workers’ compensation benefits, claiming he was an employee of the village.
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