A Treatise on the Law of Independent Contractors and Employers' Liability: Including Formation of the Relation, Employers' General and Exceptional Liability, Interliability of Employers and Contractors and Their SubordinatesW. H. Anderson Company, 1910 - 378 pages |
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Other editions - View all
A Treatise on the Law of Independent Contractors and Employers' Liability ... Theophilus John Moll No preview available - 2016 |
Common terms and phrases
16 Amer 27 Amer 33 Amer 54 Amer adjoining Agcy agent authority blasting building Burd Chicago citing company was held construction contract corporation court damages defective defendant defendant's doctrine duty employer is liable employment erection excavation Exch exercise FLORENCE RAILROAD furnished held liable held not liable Huff Ills independent con independent contractor injuries caused Iowa jury Labatt landlord liable for injuries LINNEHAN Louis Mass master and servant Minn N. Y. Supp negligence Norwalk Note to RICHMOND nuisance Ohio St owner pendent contractor Penn performance plaintiff ployer premises principle proprietor Rail Railroad Co railroad company relation of master render repair respondeat superior responsible road rule sidewalk SITTINGBOURNE Smith statute stipulated street Street Legal subcontractor supervision supra tenant third person Thomps tion Torts tract tractor Wisc York
Popular passages
Page 27 - An independent contractor is one who undertakes to produce a given result, but so that in the actual execution of the work he is not under the order or control of the person for whom he does it, and may use his own discretion in things not specified beforehand.
Page 100 - In ascertaining who is liable for the act of a wrong-doer, you must look to the wrong-doer himself or to the first person in the ascending line who is the employer and has control over the work. You cannot go further back and make the employer of that person liable
Page 125 - J., laid down the following rules as applicable: "1. If a contractor faithfully performs his contract, and a third person is injured by the contractor in the course of its due performance, or by its result, the employer is liable, for he causes the precise act to be done which occasions the injury...
Page 27 - So it is said that an independent contractor is one who, exercising an independent employment, contracts to do a piece of work according to his own methods, and without being subject to the control of his employer, except as to the result of the work.
Page 27 - An independent contractor is one who, in rendering services. exercises an independent employment or occupation, and represents his employer only as to the results of his work, and not as to the means whereby it is to be accomplished.
Page 346 - * * * the general rule is well established that an independent contractor is not liable for injuries occurring to a third person after the contractor has completed the work and turned it over to the owner or employer and it has been accepted by him, even though the injury results from the contractor's failure properly to carry out his contract.
Page 34 - In every case the decisive question in determining whether the doctrine of respondeat superior applies is, had the defendant the right to control in the given particular the conduct of the person doing the wrong.
Page 31 - The relation of master and servant exists only between persons of whom the one has the order and control of the work done by the other. A master is one who not only prescribes to the workman the end of his work, but directs, or at any moment may direct, the means also, or, as it has been put, 'retains the power of controlling the work...
Page 26 - The test to determine whether one who renders service to another does so as a contractor or not is to ascertain whether he renders the service in the course of an independent occupation, representing the will of his employer only as to the result of his work, and not as to the means by which it is accomplished.
Page 200 - We think that the case falls within the rule that, when the owner of premises which are under his control employs an independent contractor to do work upon them which from its nature is likely to render the premises dangerous to persons who may come upon them by the invitation of the owner...