Clemons v. P & J Contracting Co.

Wisconsin Supreme Court

Clemons v. P & J Contracting Co.

205 N.W.2d 164, 57 Wis. 2d 770, 1973 Wisc. LEXIS 1610

CourtWisconsin Supreme Court

DecidedMarch 27, 1973

DocketNo. 261

StatusPublished

This text of 205 N.W.2d 164 (Clemons v. P & J Contracting Co.) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Clemons v. P & J Contracting Co., 205 N.W.2d 164, 57 Wis. 2d 770, 1973 Wisc. LEXIS 1610 (Wis. 1973).

Pincite

Opinion

Per Curiam.

This case is controlled by Huckstorf v. Vince L. Schneider Enterprises (1968), 41 Wis. 2d 45, 163 N. W. 2d 190. When a piece of construction equipment is leased to another and the lessor agrees to supply an operator, and the operator is to take directions from [771]*771the lessee or his employees, the only question is whether the operator actually or impliedly consented to work for a special employer. Silence when the work continues over a substantial period of time constitutes consent. The crane operator in this case was engaged in work for the general contractor rather than his usual employer, P & J Contracting Company, Inc., over a period of forty-seven days. He was silent during that entire time. As a matter of law, he was an employee of the general contractor, loaned by P & J Contracting Company, Inc.

The judgment is affirmed.

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Per Curiam.

This case is controlled by Huckstorf v. Vince L. Schneider Enterprises (1968), 41 Wis. 2d 45, 163 N. W. 2d 190. When a piece of construction equipment is leased to another and the lessor agrees to supply an operator, and the operator is to take directions from [771]*771the lessee or his employees, the only question is whether the operator actually or impliedly consented to work for a special employer. Silence when the work continues over a substantial period of time constitutes consent. The crane operator in this case was engaged in work for the general contractor rather than his usual employer, P & J Contracting Company, Inc., over a period of forty-seven days. He was silent during that entire time. As a matter of law, he was an employee of the general contractor, loaned by P & J Contracting Company, Inc.

The judgment is affirmed.

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Bluebook (online)

205 N.W.2d 164, 57 Wis. 2d 770, 1973 Wisc. LEXIS 1610, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clemons-v-p-j-contracting-co-wis-1973.

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