McCarthy v. Second Parish of Portland
Supreme Judicial Court of Maine
On motion and exceptions from the superior court, Cumberland county. The verdict was for $3000. The facts appear in the opinion. The law of the case is now well settled. "The question in these cases, whether the relation be that of master and servant, or not, is determined mainly by ascertaining from the contract of employment whether the employer retains the power of directing and controlling the work or has given it to the contractor.”
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On motion and exceptions from the superior court, Cumberland county. The verdict was for $3000. The facts appear in the opinion. The law of the case is now well settled. "The question in these cases, whether the relation be that of master and servant, or not, is determined mainly by ascertaining from the contract of employment whether the employer retains the power of directing and controlling the work or has given it to the contractor.” Forsyth v. Hooper et ais. 11 Allen, 422; Hilliard v. Richardson, 3 Gray, 349; Linton v. Smith, 8 Gray, 147. The true principle governing these cases is very…
1Opinion of the CourtWalton, J.
Some men at work upon the roof of the Second Parish church in Portland, carelessly allowed a ladder in use by them to be blown down by the wind, and it fell upon the plaintiff and injured him. The question is whether the parish is responsible for the injury. We think not. True, the law makes a master responsible for the negligence of his servant, but the employment of one who carries on an independent business, and in doing his work does not act under the direction and control of his employer but determines for himself in what manner it shall be carried on, does not create the relation of…
2Cases cited2 opinions
- Moore v. SanborneMichigan Supreme Court · 1853
- De Forrest v. WrightMichigan Supreme Court · 1852
3Cited by7 opinions
- Chase v. Clinton CountyMichigan Supreme Court · 1928
- Bennett v. TruebodyCalifornia Supreme Court · 1885
- State v. . MitchellSupreme Court of North Carolina · 1940
- Anderson v. Tug River Coal & Coke Co.West Virginia Supreme Court · 1906
- Caldwell v. Atlantic B. & A. Ry. Co.Supreme Court of Alabama · 1909
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