
    No. 17775
    Industrial Commission of Ohio v. Lillian Everett, as next friend of Lillian Simmons et al.
    Error to the Court of Appeals of Tuscarawas county.
    WORKMEN’S COMPENSATION — Independent contractors, not comprehended in Par. 3, Secs. 1465-61 GC., 108 OL. 316 — not employees.
   JONES, J.

. 4n employe of an independent contractor who' neither contributes to the state insurance fund nor employs five or more workmen is no comprehended within the provisions of paragraph 3 of Section 1465-61, General Code (108 O. L., pt. 1, 316). and cannot “be considered as the employe of the person who has entered into a contract” with such independent contractor.

Judgment affirmed.

Marshall, C. J., Robinson, Matthias and Day, JJ., concur. Allen, J., concurs in the judgment.  