Bennett v. Truebody

Citations

• 66 Cal. 509
• 6 P. 329
• 1885 Cal. LEXIS 484

Syllabus

<p>Employer and Employee — Independent Contractor—Negligence.— Where a person employed is in the exercise of an independent and distinct employment, and not under the immediate control or supervision of the employer, the latter is not responsible for the negligence or misdoings of the former.</p> <p>Id.—The owner of a building employed a plumber to repair the water-pipes therein, and left him to proceed in his own way to accomplish such result. The servants of the plumber, while engaged in making the repairs, negligently left open a trap door, through which the plaintiff fell and was injured. Held, that the plumber was an independent contractor, and that the owner was not liable for the negligence of his employees.</p>