Lumber Mutual Casualty Ins. v. Edward A. Thompson, Inc.

It was error for the trial court to hold as a matter of law that Waddell was an employee of the Yonkers Builders' Supply Company at the time of Cannon's injury. (Bartolomeo v. Bennett Contracting Co., 245 N. Y. 66.) The contract in the present case did not give to the Yonkers Builders’ Supply Company the same complete -control over the digger and the engineer thereof that the charterer received over the vessel and the captain thereof in the case of Anderson v. Boyer (156 N. Y. 93), on which the court below relied. In addition, the negligence complained of here was in regard to the manner in…