Cooper v. Dixie Construction Co.

Sutton, J".

(After stating the foregoing facts.) “The employer generally is not responsible for torts committed by his employee, when the latter exercises an independent business, and in it is not subject to the immediate direction and control of the employer.” Civil Code (1910), § 4414. “The employer is liable for the negligence of the contractor . . if the employer retains the right -to ■ direct or control the time and manner of executing the *425work; or interferes and assumes control, so as to create the relation of master and servant.” Civil Code (1910), § 4415. Under these sections and the…