Gibson Oil Co. v. Mannah

Supreme Court of Oklahoma

Gibson Oil Co. v. Mannah

1937 OK 387, 70 P.2d 100, 180 Okla. 451, 1937 Okla. LEXIS 460

CourtSupreme Court of Oklahoma

DecidedJune 15, 1937

DocketNo. 26311.

StatusPublished

Cited by3 cases

This text of 1937 OK 387 (Gibson Oil Co. v. Mannah) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Gibson Oil Co. v. Mannah, 1937 OK 387, 70 P.2d 100, 180 Okla. 451, 1937 Okla. LEXIS 460 (Okla. 1937).

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Opinion

RILEY, J.

The opinion in the case of Pemberton Bakery Company v. State Industrial Commission and J. M. Blancett, this day decided, 180 Okla. 446, 70 P. (2d) 98, is adopted as the opinion in this cause.

In this case petitioners also contend that under the evidence respondent Mannah was not an employee of the Gibson Oil Company, but was an independent dealer.

What constitutes an employee and what constitutes an independent dealer are questions of law. But into which class a claimant falls is a question of fact for the State Industrial Commission.

The evidence on this point is in conflict. In such case the finding of the Industrial *452 Commission, is conclusive and binding on ibis court.

OSBORN, C. J., and WELCH, PI-IELPS, CORN, and HURST, JJ., concur. BAT-LESS, V. C. J., and GIBSON, J., dissent. BUSBY, J.. absent.

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