Bain v. Petroleum Iron Works Co.

Citations

• 223 Pa. 96
• 72 A. 279
• 1909 Pa. LEXIS 483

Syllabus

<p>Negligence — Independent contractor — Evidence—Case for fury.</p> <p>In an action against a corporation to recover damages for personal injuries, it appeared that the defendant had a contract to put up a plant for a laundry. The plaintiff, a workman, was injured while helping in this work. The defendant had a written agreement with a contractor by which the entire work was placed in the latter’s hands, on his undertaking, for a stipulated consideration, to furnish all labor and material. The defendant reserved nothing except only the right to alter the specification which was made part of the contract between the defendant company and the laundry company. There was evidence that the defendant paid the wages of the men employed by the contractor, but it was explained that this was done because the contractor was without funds and asked the company to make the payments and charge them to him as advancements. Held, that the question as to whether the work was in charge of an independent contractor was for the jury.</p>