Carillo v. United States Construction & Finance Co.

Citations

• 81 Kan. 823
• 106 P. 1050
• 1910 Kan. LEXIS 436

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Master and Servant — Injury to Employee — Independent Contractor — Question for the Airy. In an action for the negligent injury of a workman evidence was introduced tending to show these facts: The defendant, a corporation, was building a factory. The plaintiff was in its employ under one of its foremen engaged in that work. A well outside of the factory had been dug for the company, by independent contractors, whose connection with the matter ended there. The purpose of the well was to test the water supply, in order to determine how many pumps should be installed in the factory, and it was used by the company to furnish water during the construction of the building. A pump belonging to a general officer of the company was installed over this well by some one whose connection with the company is not distinctly shown, but at whose request the foreman referred to brought the plaintiff and other laborers to assist in the work, in the performance of which the accident occurred. Held, the evidence was sufficient to justify submitting to the jury the question whether the defendant had control of the work in the course of which the injury was received.</p> <p>2. -Nondelegable Duty of Master — Negligence of Fellow Servant. The obligation of a master to his servants to provide a reasonably safe method for the performance of their work is one of his nondelegable duties, the neglect of which imposes a liability for a resulting injury, irrespective of any question of fellow service.</p> <p>3. - Same. Where an employee is injured while assisting in lowering a heavy piece of machinery down an inclined plane, and such injury is due to the negligent act of those in immediate charge of the work in failing to employ some mechanical device to control its movement, instead of undertaking to move it by hand, the employer can not avoid liability upon the ground that the negligence was that of a fellow servant.</p> <p>4. -Assumption of Risk. • The dang