Violet Turner v. Schumacher Motor Express

Violet Turner sought compensation for the death of her husband on behalf of herself and her two minor children. She joined as employers relator Moore Motor Freight Lines, Inc., and respondent Schumacher Motor Express, Inc., hereinafter referred to as Moore and Schumacher, respectively, together with their insurers. Moore answered the claim petition, denying that deceased was its employe at the time of his death, but admitting the remaining allegations. The matter was heard before a referee, at which time Schumacher appeared specially to contest the jurisdiction of the industrial commission. After hearing testimony on the issue, the referee ruled that the commission had jurisdiction. Schumacher answered, admitting all allegations of the petition except that deceased had been its employe. The parties stipulated that deceased died as a result of an accident arising out of and in the course of his employment, leaving for the referees determination only the question of who was deceaseds employer at the time of his death. The referee found that Moore was the employer, and dismissed the petition as to Schumacher. Both employers appealed to the industrial commission, which affirmed the findings and determination of the referee.