Cole v. Louisiana Gas Co.

Citations

• 121 La. 771
• 46 So. 801
• 1908 La. LEXIS 747

Syllabus

<p>1. Master and Servant — Independent Contractor-Injury to Servant.</p> <p>The general rule (subject to some exceptions) is that the workmen of an independent contractor must look to him for damages which they receive through his fault and negligence, and not to the person or corporations with whom their own employer contracted.</p> <p>2. Same — Relationship.</p> <p>The fact that the contractor received weekly from the company with whom he had contracted money with which to pay his workmen did not constitute the. workmen its servants. He received it as money due to himself under his contract, and not as money due by the servants. Had he applied it to some other purpose the employés would have had no recourse for their wages upon the company.</p> <p>3. Same — Contractor—Stockholder in Defendant Company.</p> <p>The contractor, subsequently to entering into his contract, became a stockholder of, and secretary and treasurer of the defendant company, and was such at the time of the accident. When the accident occurred the work was being executed under the personal inspection and orders of the contractor. The legal situation was not affected by those facts.</p> <p>4. Same — Evidence.</p> <p>There was no intrinsic danger in the work which was being performed at the time of the accident. The evidence shows that there was a way in which it could be executed with safety. The proximate cause of the accident was the presence, in the vicinity of the work, of a fire only partially extinguished, with which gas escaping from the portion of the pipe being removed, came in contact, causing an explosion. Without the presence of that fire there would have been no accident. Defendant had no reason to suppose that such a condition would arise, or that the contractor would fail to take all necessary and proper precautions.</p> <p>(Syllabus by the Court.)</p>