South Dakota Supreme Court June 24, 1969, File 10614 (Metzger v. J. F. Brunken & Son, Inc.)

BIEGELMEIER, Presiding Judge.

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From the record it appears defendant corporation entered into a contract with the City of Sioux Falls to construct a sewer line and subcontracted a portion of the work to one Fanebust as an independent contractor; that James Metzger, an employee of Fanebust, met his death August 8, 1966 while engaged within the course and scope of his employment in the