Clemons v. P & J Contracting Co.

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

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 the 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.