Bibb's Adm'r v. N. & W. R. R.

Citations

• 87 Va. 711
• 14 S.E. 163
• 1891 Va. LEXIS 125

Syllabus

<p>1. Employer—Contractor—Negligent injuries—Liability.—Where employer selects with due care a competent contractor, and to him commits a work that is lawful, and such as may be done without injury to third persons, and to be done in a workmanlike manner, at a stipulated price, such employer cannot be held liable for injuries caused by the negligence of such contractor or his servants to third persons, not servants of such employer nor passengers on his cars.</p> <p>2. Independent Contractor is one who renders service in the course of an occupation, and represents the will of his employer only as to the result of his work, and not as to the means whereby it is accomplished, • and is usually paid by the job.</p> <p>8. Idem —Supervision.—The reservation to the employer of the privilege of inspecting and supervising the work of the contractor does not destroy or impair his character as an independent contractor. ■</p> <p>4. Master and Servant.—The riile of respondeat superior applies only to cases where the relation of master and servant exist, and does not apply as between an employer and the servants of an independent contractor. And the same is true of the rule of qui facit per alium, facit per se.</p> <p>5. Case at Bar.—Railroad company employs, for an agreed price, a skillful contractor to repair, according to- specifications and with privilege reserved of supervision by its engineer, a bridge in such a manner that the passing of its trains should not be prevented, but they were not to pass except upon signal from contractor’s foreman. On day of accident, upon such signal, a train was proceeding across the bridge, when the engine broke down one of the spans, and falling, killed the plaintiff’s intestate, who was a servant of the contractor and engaged at the time in working on tbe bridge: held, the railroad company is not liable for the injury.</p> <p>6. ' Oases Examined and Disappeoved.—Hole v. S. & S. Railway Co., 6 H. & N., 488, and City of Chicago v. Robbins,