159 A. 480 | Conn. | 1932
From the finding of the commissioner, the following facts appear: January 21st, 1931, the respondent, Driscoll, had a team of horses which he was renting with a driver to the city of Hartford for $9 per day. The wagon to which the horses were attached belonged to the city, but the harness and other equipment belonged to Driscoll, who was in the teaming business and that of letting out and renting teams and horses with drivers. The city had no interest in who the driver of the team might be so long as he was competent; and did not attempt to exercise any particular supervision, control or direction over him, and had no right to discharge him. The driver's duty was solely to manage, care for and drive his horses along an established route in the city. The driver and horses, with the city wagon, reported each morning at a certain point in the city about seven a.m., and took up the collection of ashes and rubbish, two men being supplied by the city who threw the collected refuse into the wagon. The driver of the team drove the horses, and when the wagon was full, took it to some nearby dump, the selection of which was discretionary with him. The decedent was a driver employed by Driscoll at a wage of $26 per week, was paid by Driscoll and subject to the latter's orders. He had been so employed and worked on this particular city job for Driscoll for about twenty-six months. He was not on the city payroll; was not entitled to the benefits of the pension system of the street department, and was in no way considered by the city as its employee. If the turned out to be unsatisfactory, the city could not discharge him but would have to report the matter to Driscoll; and if the latter did not furnish a satisfactory driver for his team, it is probable that he would lose his contract with the city for the rental of the horses. The city had no control or right to *549 control the management, manner or mode of the driving or hauling of the team or the way of doing the work.
On the morning of January 21st, 1931, the decedent reported to Driscoll's barn, where the horses and wagon were kept, at the usual time, about six a.m., harnessed the horses and drove them, with the wagon, to Ann Street in the city, where he knew from long experience he was supposed to go that day and be in readiness to start the collection of rubbish and ashes with the aid of the two men furnished by the city. Driscoll furnished all feed and equipment for the horses; their hoofs were equipped with shoes designed for taking calks to prevent slipping, and the decedent had with him calks furnished by Driscoll for application to the horses' shoes should slippery conditions prevail. Shortly after seven a.m., the decedent, with the horses and wagon, was waiting on Ann Street intending, under Driscoll's contract, to go along with the city men, collecting the refuse. He had not collected any that day because the team ahead of him was not full, and he would not start the actual collection until that team had been filled and driven away to the dump. Decedent decided that calks should be applied to the shoes of the horses. He got down under the horses and was trying to place the calks in their proper places, when one of the horses kicked him, and he sustained injuries which caused his death January 26th, 1931. The care of the horses is not part of the city's business, and in doing the work on the shoes decedent was doing something solely in the interest of Driscoll and of no benefit to the city. The work which the decedent was doing was for the contractor, Driscoll; the principal employer was the city of Hartford.
It is the claim of the defendant Driscoll that the deceased, at the time of his injury, was a loaned employee; *550
and that the award should have been against the city and not against Driscoll, the immediate employer. The finding does not, however, sustain this contention. So far as appears, the city had control of Massolini's operations only to the extent of determining to what points he should drive his team in order to receive a load. It had control of the operation only as to the result to be obtained, but the control of the method to be adopted in reaching the result remained with Driscoll. It was for the latter to determine what man should do the driving and just how that man should do the driving, and how he should care for the horses. Under such circumstances, Massolini remained the employee of Driscoll, and was used by him in fulfilling the latter's contract with the city. Massolini was not an employee loaned to the city to be under the city's control in the details of the work he was doing. Parsons v. Daly Sons,
The city, in its appeal, attacks the conclusion of the court that the city was a principal employer under General Statutes, § 5230, which provides: "When any principal employer shall procure any work to be done wholly or in part for him by a contractor, or through him by a subcontractor, and the work so procured to be done shall be a part or process in the trade or business *551
of such principal employer, and shall be performed in, on or about premises under his control, then such principal employer shall be liable to pay all compensation under this chapter to the same extent as if the work were done without the intervention of such contractor or subcontractor." We have held that, to render a principal employer liable under this statute, (1) the relation of principal employer and contractor must exist in work wholly or in part for the former; (2) the work must be in, on or about premises controlled by the principal employer; and (3) the work be a part or process in the trade or business of the principal employer. Crane v. Peach Brothers,
The city of Hartford was engaged in the removal of *552
ashes and refuse in the exercise of its police powers. 5 Special Acts, 321; Haley v. Boston,
The Compensation Act is to be construed with sufficient liberality to carry into effect the beneficent purpose contemplated in that legislation, and not to defeat that purpose by narrow and technical definition.Powers v. Hotel Bond Co.,
There is no error on either appeal.
In this opinion the other judges concurred.