[Download] "Greening v. Gazette Printing Co." by Supreme Court of Montana " Book PDF Kindle ePub Free

📘 Read Now     📥 Download

eBook details

• Title: Greening v. Gazette Printing Co.
• Author : Supreme Court of Montana
• Release Date : January 31, 1939
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

Personal Injuries ? Master and Servant ? Pedestrian Injured by Motorcycle of Newspaper Carrier ? Defense That Carrier Independent Contractor ? Unambiguous Contract of Employment Held to Show Latter Relationship ? Non-suit Proper. Personal Injuries ? Master and Servant ? Evidence ? Documents to Show Relationship of Master and Servant ? What Inadmissible. 1. In an action for personal injuries against a newspaper publisher, sustained by a pedestrian in being run into by the motorcycle of one of the publishers carriers, documents offered in evidence to prove the relationship of master and servant consisting of an "employers written acceptance" and defendants payroll required by law to be filed with the Industrial Accident Board, held properly refused, neither document showing the name of the offending carrier nor being connected with attempted proof that he was a servant of defendant. Same ? Master and Servant ? Third Party Injured by Act of Employee may Show That Irrespective of Terms of Written Contract of Employment, Relationship Existed to Hold Master Liable. 2. While ordinarily a written contract of employment is controlling as to the relationship of master and servant as between the parties and neither party may vary it by parol testimony, where a third party is injured by the employee, he may show that irrespective of the stipulations of the contract the master-servant relation existed and that defendant employer actually exercised the control over the employee which is necessary to create such relationship. Same ? Written Contract of Employment Between Newspaper Publisher and Carrier Held to Show Relation of Employer and Independent Contractor, Depriving Pedestrian Injured by Carriers Motorcycle from Recovering Under Doctrine of Respondeat Superior. 3. A newspaper carriers contract of employment with its publisher providing, inter alia, that the carriers should pay for all papers delivered to him, that he would complete delivery before a certain hour of the day, be courteous and businesslike, solicit consistently for new subscribers, etc., but which left the manner of performance in the control of the carrier who was free to use any manner of transportation he desired, made the carrier an independent contractor, precluding a pedestrian injured by being run into by the carriers - Page 159 motorcycle while delivering papers from recovering damages from the publisher under the doctrine of respondeat superior. Same ? Unambiguous Contract of Employment ? Question Whether Wrongdoer Employee or Independent Contractor for Court. 4. Where the question whether one through whose negligence another was injured was a mere servant or an independent contractor under the terms of a written contract of employment depends upon the construction of the writing, and the question of the relationship thereby created is one for determination by the trial court if the document be unambiguous. Same ? "Independent Contractor" ? Definition. 5. An independent contractor is one employed to perform work with the understanding that he is to be free from the control of the employer as respects the manner in which the details of the work are to be executed; as to control, it is necessarily implied that the employer may insist that the contract shall be performed according to specifications; one rendering service but retaining control of the manner of doing it is not a servant. (Jensen v. Barbour, 15 Mont. 582, 39 P. 906, criticized.)

Download Books "Greening v. Gazette Printing Co." PDF ePub Kindle