Johnson v. Owen
Supreme Court of Iowa
Appeal from Lee Circuit Court. Action to recover damage for injuries sustained by plaintiff, resulting from the negligence of one under whose control and direction he was employed as a laborer, and who was the servant of plaintiff. The petition alleges that plaintiff was employed by defendant, and that the one whose negligence caused the injury was a servant of defendant, intrusted by him with the control of the work in which plaintiff was engaged.
Read the full summary
Appeal from Lee Circuit Court. Action to recover damage for injuries sustained by plaintiff, resulting from the negligence of one under whose control and direction he was employed as a laborer, and who was the servant of plaintiff. The petition alleges that plaintiff was employed by defendant, and that the one whose negligence caused the injury was a servant of defendant, intrusted by him with the control of the work in which plaintiff was engaged. The answer of the defendant" denies generally all the allegations of the petition, and avers that plaintiff was not, at the time of the accident…
1Opinion of the Court
Beck, Ch. J.
It appears from the record that defendant, as a contractor employed by the United States government, is engaged in making certain excavations necessary in constructing the canal now being built at the lower rapids of the Mississippi river. These excavations are made in the rock which compose the bed and banks of the river at that place, by blasting with gunpowder. Defendant contracted a part of the work to a firm composed of one Nash and others, who were engaged in making the excavations as above stated. Defendant was prosecuting work at the same place. Plaintiff was working under…
2Cases cited1 opinion
- Callahan v. Burlington & Missouri River RailroadSupreme Court of Iowa · 1867
3Cited by4 opinions
- Smith v. BelshawCalifornia Supreme Court · 1891
- Mason v. Harper's Ferry Bridge Co.West Virginia Supreme Court · 1886
- Good v. JohnsonSupreme Court of Colorado · 1906
- Ward v. Liverpool Salt & Coal Co.West Virginia Supreme Court · 1916