
    Clemons, Appellant, v. P & J Contracting Company, Inc., Respondent: DAVIS, Defendant.
    
    
      No. 261.
    
    
      Submitted March 1, 1973.
    
    Decided March 27, 1973.
    
    (Also reported in 205 N. W. 2d 164.)
    . For the appellant the cause was submitted on .the brief of Frisch, Dudek, Slattery & Denny, attorneys, and Robert D. Scott of counsel, all of Milwaukee.
    For the respondent the cause was submitted on the brief of Kluwin, Dunphy, Rankin & Hayes of Milwaukee.
    
      
       Motion for rehearing denied, with costs, on June 5, 1973.
    
   Per Curiam.

This case is controlled by Huckstorf v. Vince L. Schneider Enterprises (1968), 41 Wis. 2d 45, 163 N. W. 2d 190. When a piece of construction equipment is leased to another and the lessor agrees to supply an operator, and the operator is to take directions from the lessee or his employees, the only question is whether the operator actually or impliedly consented to work for a special employer. Silence when the work continues over a substantial period of time constitutes consent. The crane operator in this case was engaged in work for the general contractor rather than his usual employer, P & J Contracting Company, Inc., over a period of forty-seven days. He was silent during that entire time. As a matter of law, he was an employee of the general contractor, loaned by P & J Contracting Company, Inc.

The judgment is affirmed.  