Bowers v. Eastern Aluminum Corp.

Prescott, C. J., delivered the opinion of the Court. This is an appeal from a decision of a judge of the Baltimore City Court, sitting without a jury, which reversed an award by the Workmen’s Compensation Commission in favor of appellant, George Bowers, compensating him for temporary total disability and hospital expenses, resulting from an injury sustained during the course of his work. In May of 1961, appellant was injured when a scaffold, upon which he was working with one Franklin Moyer, collapsed while the two were engaged in performing certain tasks “sublet” to them by appellee, a company active in the business of making home improvements. The issue presented to the Court read: “Was the Eastern Aluminum Corporation, or its sub-contractor, the employer of George Bowers, claimant-appellee, at the time of the accidental injury'under the terms of the Workmen’s Compensation Act?” The trial court answered this issue “No,” finding that at the time of Bowers’ injury, Bowers and Moyer were working on a job given them by appellee as independent-contractor joint venturers.

The appellant argues that the court was clearly in error in this finding, but further contends that even if Bowers were a partner in a joint venture at the time of his injury, he was