Gorton v. Rance

¶ 31. The majority has concluded that the borrowed servant doctrine is inapplicable to the facts of this case. I respectfully disagree and dissent.

¶ 32. In Denton v. Yazoo & Mississippi Valley Railroad Company, 284 U.S. 305, 308, 52 S.Ct. 141, 76 L.Ed. 310 (1932), the Supreme Court of the United States said that whether a principal may be held liable for the acts of its servants

depends not upon the fact that he was their servant generally, but upon whether the work which he was doing at the time was their work or that of another; a question determined, usually at least, by ascertaining under…