293 Mass. 93 | Mass. | 1935
The Industrial Accident Board has found that the claimant at the time of his injury on February 17, 1935, was an employee of the town of Westford and has awarded him compensation to be paid by the town’s insurer. The only question presented is whether the evidence will support the finding.
For six or seven years the employee had been working for L.P.PalmerandSons drivingone of theirtrucks in connection with their quarrying business,' but did no work for them in the winter when the quarry was shut down. In the winter L. P. Palmer and Sons let out their trucks to the town whenever required for the purpose of plowing snow on the high- » ways at a fixed price per hour, which included "one man and a driver.” L. P. Palmer and Sons paid the men and rendered bills to the town based upon the number of hours the trucks were in use. The claimant was injured while operating a plow upon a truck driven by another employee.
When the owner of a vehicle lets it out to another, together with an employee to operate it, the operator commonly remains the servant of the owner, and this is true even though the hirer may give him orders for the purpose of making sure that the work accomplished is that which he desires to have done. But if by the understanding of the parties the hirer has the right to control the details of operation as such and not merely with reference to results, the operator becomes the servant of the hirer. Driscoll v. Towle, 181 Mass. 416. Shepard v. Jacobs, 204 Mass. 110. Mahoney v. New York, New Haven & Hartford Railroad, 240 Mass. 8.
There was also evidence tending the other way, but the question was one of fact. Coughlan v. Cambridge, 166 Mass. 268. Scribner’s Case, 231 Mass. 132. Ferrara’s Case, 269 Mass. 243. The case is distinguishable from Comerford’s Case, 224 Mass. 571, Clancy’s Case, 228 Mass. 316, and Strong’s Case, 277 Mass. 243, and cases there cited.
Decree affirmed.