122 Iowa 635 | Iowa | 1904
In 1891, when plaintiff ivas about twelve-years of age, he received the injury complained of, and within a few months after attaining majority he instituted this action to recover damages therefor. Plaintiff’s evidence tended to show the following state of facts: That the defendant
Defendant’s motion for a directed verdict was on two grounds: First, that there was no evidence to show negligence on the part of defendant, nor want of contributory negligence on the part of plaintiff; and, second, that the evidence showed without controversy that the relation of master and servant did not exist between the plaintiff and the defendant, and that there was no evidence tending to show that the defects complained of were in any way attributable to any negligence on the part of defendant. As the motion was sustained withoiit specification by the court as to which of these grounds was deemed sufficient, we must sustain the ruling, if it was correct on either ground; and as we reach the conclusion that the second ground of the motion was well taken, we have only set out so much of the evidence as is applicable to the questions thus raised.
Counsel for appellant contend that Christolfsen & Anderson were not independent contractors, but vice principals, for whose negligence in the management of the machinery defendant was liable; that whether or not, as between the defendant and Christolfsen & Anderson, the latter were independent contractors, the circumstances were such as to lead plaintiff to reasonably believe that he was in the employ of the defendant; and that, even if plaintiff is not entitled to be considered an employe of defendant, nevertheless the defend-.
There is no evidence to support the contention that plaintiff had reason to suppose that he was an employe of defendant. Nothing said or done by any officer ox employe of the defendant, so far as shown by the evidence, tended to lead him to entertain any such be
Under some circumstances the owner is liable to the employe’s of an independent contractor, but to give rise to such liability there must be some negligence on the part of the owner. If the premises on which the contractor’s employes are to work in carrying out the contract are under the control of the owner, it is his duty to use reasonable care to see that they are safe. Toomey v. Donovan, 158 Mass. 232 (33 N. E. Rep. 396); Bright v. Barnett & Record Co., 88 Wis. 299 (60 N. W. Rep. 418, 26 L. R. A. 524). The owner, no doubt, is liable also if the premises or machinery furnished to the contractor with which to do the work is defective. Certainly this is so where the premises and machinery provided remain under the control of the owner, and he is under obligation to keep them in repair. Neimeyer v. Weyerhauser, 95 Iowa, 497; Johnson v. Spear, 76 Mich. 139 (42 N. W. Rep. 1092, 14 Am. St. Rep. 298); Samuelson v. Cleveland Iron Mining Co., 49 Mich. 164 (13 N. W. Rep. 499, 43 Am. Rep. 456) ; Coughtry v. Globe Woolen Co., 56 N. Y. 124 (15 Am. Rep. 387). But where the premises and machinery are in good condition when delivered into the exclusive possession and control of the contractor, and he undertakes to.keep them in repair, the owner is absolved from further liability to the contractor’s employes. Hughbanks v. Boston Investment Co., 92 Iowa, 267; Miller v. Minnesota N. W. R. Co., 76 Iowa, 655.
The court properly directed a verdict for defendant, and the judgment is aefiRmed.