Till v. Fairbanks Co.

Citations

• 111 Miss. 123
• 71 So. 298

Syllabus

<p>1. Master and Servant. Injuries to servant. Relation of parties.</p> <p>Where a company sold a railroad scale at a fixed price at its place of business and agreed to furnish an expert, who was in its employ, and whose wages were paid by it, to superintend the installation of the scale, and all other workmen and the material was furnished by the buyer who exercised a general control over the work, such company is not an independent contractor to install the scale, so as to be considered the employer of a carpenter who was injured while the scale was being installed without the fault of such expert.</p> <p>2. Same. i</p> <p>Among the test for the determination of the question whose servant is this? are the following: First, the right of selecting the servant; second, the right to 'discharge the servant; third, the right to control the servant; fourth, that he is not a master who i& interested in the ultimate result of the work done as a whole, hut not in the details of its performance.</p>