William Heffron Construction Co. v. Glass

Citations

• 22 Ohio C.C. Dec. 754

Syllabus

<p>MASTER AND SERVANT.</p> <p>1. Test of Master’s Liability for Negligence of One Employe Causing Injury to Another. - '</p> <p>The test of liability of a master for injury to one servant caused by negligence of another is whether the latter is placed in authority and control over the former, not whether the former was originally employed to do the act complained of, especially when such act is in furtherance of work in which both are engaged.</p> <p>2. Burden of Proving Contributory Negligence.</p> <p>Burden of proving contributory negligence put upon defendant by charge of court when no such issue is tendered is erroneous and prejudicial.</p>