45 Ga. App. 420 | Ga. Ct. App. | 1932
(After stating the foregoing facts.) “The employer generally is not responsible for torts committed by his employee, when the latter exercises an independent business, and in it is not subject to the immediate direction and control of the employer.” Civil Code (1910), § 4414. “The employer is liable for the negligence of the contractor . . if the employer retains the right -to ■ direct or control the time and manner of executing the
Applying the above principles to the facts of the instant case, we are of the opinion that, under the provisions of the contract between the Dixie Construction Company and Mixon, Mixon was an independent contractor, that the relation of master and servant was not created between them, and that said company was not liable for compensation on account of an injury received by an employee of Mixon.
The case at bar is distinguishable in its facts from Ocean Accident & Guarantee Cor. v. Hodges, 34 Ga. App. 587 (130 S. E. 214); Employers Liability Assurance Cor. v. Treadwell, 37 Ga. App. 759 (142 S. E. 182); Davis v. Starrett Bros. Inc., 39 Ga.
It follows that the 'court below did not err in affirming the award made by the commission in this case, denying to claimant compensation as against the Dixie Construction Company.
Moreover, the Dixie Construction Company was not liable for compensation on account of the injury to Cooper for another reason. Cooper was injured while being returned from work to his home eighteen miles from the place where he was working, and not on any premises under the control of the Dixie Construction Company. He claimed compensation under section 20 of the workmen’s compensation act, asserting that thereunder a principal contractor was liable for compensation to any employee injured while in the employ of any of his subcontractors and engaged upon the subject-matter of the contract to the same extent as the immediate employer. Section 20 of this act provides in part that “A principal, intermediate or subcontractor shall be liable for compensation to any employee injured while in the employ of his subcontractors and engaged upon the same subject matter of the contract to the same extent as the immediate employer. . . This section shall apply only in cases where the injury occurred on, in or about the premises on which the principal contractor has undertaken to execute work or which are otherwise under his control or management.” Acts 1920, pp. 167, 178; Michie’s. Code 1926, § 3154(20). Claimant being injured in a place other than the premises on which the principal contractor had undertaken to execute the work or which were otherwise under the principal contractor’s control or management, he was clearly not entitled to recover under this section, and the industrial commission correctly found against him for this reason.
Judgment affirmed.