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Abstract

The claimant was employed by a dairy company to sell and deliver milk along a defined route, his "payment being in the form of a commission on each bottle sold. He was required to make daily payments in cash for milk and cream sold, but had the privilege of returning unsold milk or cream at the end of each day. Horses and vehicles were hired from the company at a stated price per day. Claimant was injured by a fall from his wagon while making deliveries. The State Industrial Board held him to be a servant and awarded him workmen's compensation. Held, there was evidence to support the finding of the Industrial Board. Glielmi v. Netherland Dairy Co., 254 N. Y. 60, 171 N.E. 906 (1930).

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