Pennsylvania Smelting & Refining Co. v. Duffin

Opinion by

Mr. Justice Horace Stern,

We are concerned here with the not unfamiliar problem of determining the party legally responsible for the negligence of a borrowed employe. The controlling test in such a case is well established; it is whether, in the particular service which the employe is engaged to perform, he continues liable to the direction and control of his general employer or becomes subject to that of the party to whom he is lent or hired. The criterion is not whether the borrowing employer in fact exercises control but whether he has the right to exercise it: Dunmire v.…