King v. Atchison, Topeka & Santa Fe Railway Co.

Citations

• 108 Kan. 373
• 195 P. 622
• 1921 Kan. LEXIS 50

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Master and Servant — Servant Loaned to• Independent Contractor— Liability of Original Master for. Negligence of Independent Contractor — Where a master loans his servant to an independent contractor but the servant is not informed of that arrangement and works for the independent contractor in obedience to his master’s orders and upon the understanding that he is still in his master’s service, and in such employment an act of negligence on the part of the contractor causes an injury to the servant, the negligence is attributable to the servant’s own master and he is liable in damages to his servant therefor.</p> <p>2. Same. A railway company loaned its steam crane and crane crew to a firm of independent contractors which was erecting certain car sheds and material buildings for the railway company. The members of the crane crew knew nothing of the business arrangements between the railway company and the contractors. The regular superior officers of the crane crew ordered them to take the crane and report to the contractors who would-tell them what to do. The members of'the crew obeyed, on the understanding that' they were still in the service of the railway company. One of the crew was injured through the negligence of the contractors. Held, that the negligence of the contractors was attributable to the railway company so far as the injured workman was concerned, and the railway company was liable to him in damages.</p>