Callan v. Bull

Citations

• 113 Cal. 593
• 45 P. 1017
• 1896 Cal. LEXIS 830

Syllabus

<p>Negligence—Master and Servant—Basis oe Liability—Construction oe Jetty eor United States—Supervision oe Engineer Officer.— The liability of a master or contractor for the negligence of his servant rests upon his right to select the servant and control his work, or to select the materials to be used by such servant in his work; and where an employer entered into a contract for the construction of a breakwater or jetty on each side of the entrance to a bay, on behalf of the United States, the fact that the work was to be done under the supervision of an engineer officer in charge, who could prescribe the order in which the materials were to be placed, and give the lines of levels to be used, and could require the contractor to remove any person not acceptable to the United States, and that all material, supervision, and labor were to be subject to his approval, and that the work was to be done and materials furnished as directed by him, does not relieve the contractor from liability for the negligence of employees selected by him, while acting under his employment and direction, and with materials and appliances furnished by him for use in this work.</p> <p>Id.—Vice-principal — Negligence of Fellow-servants — Preparation oe Appliances by Servants.—A superintendent employed by the contractor to represent him in the work, is his vice-principal or agent as respects the furnishing of suitable appliances which it is the employer’s duty to furnish; but where the appliances are to be constructed or adjusted by the servants themselves out of materials furnished by the employer, all of the employees, including the superintendent, are fellow-servants, irrespective of rank, as to any defect or negligence in their construction or adjustment, and the employer is not liable for such defect or negligence.</p>