Van Court v. Winterson
Citations
- 61 Cal. 615
- 1882 Cal. LEXIS 672
Syllabus
<p>Findings—New Trial — Bill of Exceptions — Vacating Judgment— Practice.—Pursuant to an order of the Court below, the Clerk entered judgment in favor of the defendant, but subsequently the Court, on motion of plaintiff, vacated the judgment and restored the ease to the calendar for trial for the reason that it appeared that no findings had been made, and that findings were not waived.</p> <p>Held: Upon an appeal from the judgment, it would, in order to sustain the judgment, have been presumed that findings had been filed cr waived; but in this case that presumption is overcome by the bill of exceptions showing the facts.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- electrical utility is not a “statutory employer” because it is not acting as a contractor for another entity
- to obtain tort immunity, defendant must be principal contractor under § 34-9-8
- “[T]he statutory employer doctrine permits liability for workers’ compensation benefits to attach vicariously against someone other than an injured employee’s employer. In return, the vicariously liable party is immune from tort liability for the injury suffered.”
- explaining 18 the “statutory employer doctrine”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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