Fink v. Missouri Furnace Co.
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. The question whether the relation whieh • exists in a given case is that of master and servant, or of an independent contractor, does not depend upon whether the employer retains the power of terminating the work, or of directing it to he carried on at this or that place (if the place where it is carried on be indifferent) but depends upon the question whether such employer retains control, by the terms of the contract, over the mode…
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Appeal from St. Louis Court of Appeals. The question whether the relation whieh • exists in a given case is that of master and servant, or of an independent contractor, does not depend upon whether the employer retains the power of terminating the work, or of directing it to he carried on at this or that place (if the place where it is carried on be indifferent) but depends upon the question whether such employer retains control, by the terms of the contract, over the mode and manner of doing the work. If it appear that the contract merely requires that the person employed thereunder shall…
1Opinion of the CourtNorton, J.
This suit was instituted in the circuit court of the city of St. Louis, to recover $5,000 statutory damages for the death of plaintiff’s son, about four years old, alleged to have been occasioned by the negligence of defendant. Upon a trial had in said court, at the close of the evidence the court, at defendant’s instance, instructed the jury that, under the evidence, plaintiff could not recover; whereupon plaintiff'took a nonsuit with leave to *281move to set the same aside, and her motion made in that behalf being overruled, the cause was taken by writ of error to the St. Louis court of…
2Cases cited6 opinions
- Clark's v. HannibalSupreme Court of Missouri · 1865
- De Forrest v. WrightMichigan Supreme Court · 1852
- Hilsdorf v. City of St. LouisSupreme Court of Missouri · 1869
- Barry v. City of St. LouisSupreme Court of Missouri · 1852
- Morgan v. BowmanSupreme Court of Missouri · 1856
1 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Pace v. Appanoose CountySupreme Court of Iowa · 1918
- Western Indemnity Co. v. PillsburyCalifornia Supreme Court · 1916
- Barton v. Studebaker Corp. of AmericaCalifornia Court of Appeal · 1920
- Barney v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1895
- Flickenger v. Industrial Accident CommissionCalifornia Supreme Court · 1919
32 more not listed; retrieve them via the Exa API.