Moffet v. Koch

Citations

• 106 La. 371

Syllabus

<p>Syllabus.</p> <p>On Motion to Dismiss Appeal.</p> <p>Act 41 of 1894, authorizing certain corporations to become sureties on bonds, Is an amendment of the Code of Practice by implication, so far as it declares and defines the qualification of personal sureties.</p> <p>On the Merits.</p> <p>1. In determining whether the relations between parties are those of contractee and contractor, or employer and employe, “the simple test is, who has the general control over the work; who has the right to direct what shall be done, and how to do it? And, if the person employed reserves this power to himself, his relation to his employer is independent, and he is a contractor; but, if it is reserved to the employer, or his agents, the relation is that of master and servant.”</p> <p>2. Where an employe is not placed by the employer in a position of undisclosed danger, but is a mature man, doing the ordinary work which he was engaged to do, and whose risks are obvious to any one, he assumes the risks of the employment, and no negligence can be imputed to the employer for an accident to him therefrom.</p> <p>On Rehearing.</p> <p>A separate appeal, taken by the plaintiff, after a final judgment on the merits in his favor, from an interlocutory ruling dismissing a supplemental petition which had been filed by him during the proceedings in the district court, injects into the case brought up by the appeal, previously taken on behalf of defendant, from such final judgment, no issues other than those presented in the transcript filed by the defendant. If the appeal so taken on behalf of the plaintiff is entitled to any consideration it must be as a separate matter and should have been so docketed.</p>