McConnon v. Charles H. Hodgate Co.

The defendant excepts to the denial of its motion to direct a verdict in its favor, to the refusal to give certain instructions with reference to the liability of an independent general contractor for negligent injury due primarily to the fault of a subcontractor, and to portions of a charge dealing with such liability. There was contradictory evidence from which a jury justifiably could find that at the moment of the accident the employees at fault were in the immediate employ of the defendant under the control of its superintendent. The judge could not determine this question of fact.…