Winslow v. Wellington
Supreme Court of New Hampshire
Case, for personal injuries. Trial by jury and verdict for the plaintiff. The plaintiff, who was an employee of John W. Flannigan, was injured by the collapse of the staging on which he stood to plaster one of the halls in the defendant’s house.
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Case, for personal injuries. Trial by jury and verdict for the plaintiff. The plaintiff, who was an employee of John W. Flannigan, was injured by the collapse of the staging on which he stood to plaster one of the halls in the defendant’s house. The defendant testified that he made a contract with Frank Smith by which Smith was to purchase the ma'terials, hire the men and build the house in accordance with the plans and specifications furnished by the defendant’s architect, that the defendant paid Smith what the materials and labor cost, four dollars a day for his services and a small…
1Opinion of the CourtYoung, J.
It can be found that Smith was subject to the defendant’s control in respect to the details of the work, consequently it can be found that he was not an independent contractor. Paro v. Sav. Bank, 77 N. H. 394.
It cannot be said therefore that the court erred when it denied the defendant’s motion for a directed verdict, for it can be found that the staging was defective and that Smith was acting for the defendant when he built it.
The court first instructed the jury as to the test it should apply to determine whether Smith was an independent contractor, and then instructed it that, if it found…
2Cases cited1 opinion
- Paro v. Whitefield Savings Bank & Trust Co.Supreme Court of New Hampshire · 1914
3Cited by5 opinions
- Latta v. HarveyNew Mexico Supreme Court · 1960
- Nettleship v. ShipmanWashington Supreme Court · 1931
- Hunter v. R. G. Watkins & Son, Inc.Supreme Court of New Hampshire · 1970
- Wise v. Kentucky Fried Chicken Corp.District Court, D. New Hampshire · 1983
- Martin v. KimballSupreme Court of New Hampshire · 1939