Finkbine Lumber Co. v. Cunningham

Citations

• 101 Miss. 292
• 57 So. 916

Syllabus

<p>1. Master And Servant. Independent contractor. Evidence'. Sufficiency. Contributory negligence. Jury questions. Safe place to work. Delegation of duty.</p> <p>In a suit by a servant for personal injury, evidence, adduced as shown by the record in this case, held to show that he was the servant of the defendant and was not employed by an independent contractor.</p> <p>,2. Master and Servant. Actions. Evidence.-</p> <p>In a suit by a servant for personal injuries, where the defendant claimed that the servant was employed by an independent contractor and was not its servant, evidence that the defendant carried accident insurance on the servants of the alleged independent contractor was admissible to show that defendant was the real master and that the alleged contractor was only one of its employees, and furnished strong proof of that fact.</p> <p>3. Master and Servant. Contributory negligence. Question for jury.</p> <p>The facts in this case held to raise a question for the jury as to plaintiffs contributory negligence.</p> <p>4. Master and Servant. Safe place. Continuing duty.</p> <p>The duty of the master to furnish his servant a reasonably safe place to work is a continuing duty, it is not satisfied by putting the place in a reasonably safe condition once, and then allowing it to become dangerous while the servant is at work, but it must be reasonably safe at all times.</p> <p>5. Master and Servant. Nondelegable duty. Fellow-servants.</p> <p>The duty of the master to furnish his servant a safe place to work and to keep it safe is nondelegable, and the failure of an employee charged with this duty to keep it in that condition was the failure of the master which he could not shift to any other employee.</p>