196 F.2d 775 | D.C. Cir. | 1952
Lead Opinion
Appellant alleges that he was “injured through the fault of another worker, hired and paid by a different employer, but engaged in the same general undertaking.”
Appellant brought this suit against appellee (Clagett Company) because it was the owner of the crane. At the time of the accident, the crane had been leased — for profit in the regular course of appellee’s business —to McCloskey & Company (appellant’s employer) for the sum of $100 a day. That figure included payment for the services of an operator and an oiler, both of whom were hired and paid by appellee. Relying upon our decision in Haw v. Liberty Mutual Ins. Co., appellant sought to establish as a
In all pertinent respects, the circumstances presented here are essentially parallel to those in the Haw case. The Haw Company was the owner of a bulldozer which it rented out with other equipment for excavation and other work. Such rentals were a part of its regular business and were made for profit. In the particular instance, a bulldozer was rented to Mace Properties, Inc., which was engaged in an extensive building job. Mace paid Haw a sum which included the services of operators employed and paid by Haw. “Haw had a supervisor on the job who generally gave orders to the men Haw supplied”
The one factor which differentiates this case from Haw is that Haw maintained a supervisor on the Mace building job. Although we are not explicitly told the reason for this, it was presumably because Haw had considerable equipment and many of its own employees on the Mace Properties building job. In our view, however, this difference is without significance. 'Control over “where [its men were] to work on the job and when, as well as what job was to be done” was exercised there as well as here by the injured worker’s employer.
We adhere to our opinion in Haw which comprehensively reviewed the applicable case law and the underlying policy considerations in this field. Although Virginia law was said to govern in that case,
Reversed for further proceedings consistent with this opinion.
. Haw v. liberty Mutual Ins. Co., 1950, 86 U.S.App.D.C. 86, 88, 180 F.2d 18, 20.
. J.A., p. 33 A.
. 1930, 59 App.D.C. 208, 37 F.2d 1004.
. Haw v. Liberty Mutual Ins. Co., 1950, 86 U.S.App.D.C. 86, 87, 180 F.2d 18, 19.
. Id. 180 F.2d at pages 19-20.
. Id. 180 F.2d at pages 22-23.
. Id. 180 F.2d at pages 21-22.
Dissenting Opinion
(dissenting).
In my opinion, the judgment of the District Court should be affirmed on the authority of Western Marine & Salvage Company v. Ball, 1930, 59 App.D.C. 208, 37 F.2d 1004. Therefore, I dissent