Arkansas Natural Gas Co. v. Miller
Supreme Court of Arkansas
Appeal from Saline Circuit Court; W. H. Evans, Judge; The gas company was not liable for the acts of its independent contractors, or its agents or employees, even if injury resulted from their negligence.
Read the full summary
Appeal from Saline Circuit Court; W. H. Evans, Judge; The gas company was not liable for the acts of its independent contractors, or its agents or employees, even if injury resulted from their negligence. Pitts was an employee of appellant, but in opening the gates of the gas main and failing to close them or shut off the gas he was acting under the orders of the contractors’ agent, and was their agent. • 54 Ark. 424; 77 Id. 552; 156 N. Y. 75; 60 N. E. 87; 166 Mass. 268; 35 N. E. 101; 20 Moak, Eng. Rep. 469. The test is who directs the movements of the person committing the injury. 156 N. Y.…
1Opinion of the CourtMcCulloch, C. J.
Plaintiffs, Patrick Gallagher and Joe Miller, instituted separate actions against defendant, Arkansas Natural Gas Company, to recover damages for personal injuries caused by an explosion of gas during the construction of a pipe line from the Caddo fields to the city of Little Rock. The actions were consolidated and tried together, the trial resulting in verdicts in favor of each of the plaintiffs, awarding damages, and the defendant has appealed to this court.
The pipe line was laid by Booth & Flinn, a partnership, under a written contract with defendant, whereby the contractors agreed to…
2Cases cited6 opinions
- Higgins v. . Western Union Telegraph Co.New York Court of Appeals · 1898
- Coughlan v. City of CambridgeMassachusetts Supreme Judicial Court · 1896
- Delory v. BlodgettMassachusetts Supreme Judicial Court · 1904
- Consolidated Fireworks Co. of America v. KoehlIllinois Supreme Court · 1901
- St. Louis, Iron Mountain & Southern Railway Co. v. GillihanSupreme Court of Arkansas · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Terry Dairy Co. v. ParkerSupreme Court of Arkansas · 1920
- W. H. Moore Lumber Company v. StarrettSupreme Court of Arkansas · 1926
- St. Joseph's Regional Health Center v. MunosSupreme Court of Arkansas · 1996
- Delamar Allison v. WardSupreme Court of Arkansas · 1931
- Alfred Watland and Superwood Corporation v. John WaltonCourt of Appeals for the Eighth Circuit · 1969
12 more not listed; retrieve them via the Exa API.