Garber v. Prudential Insurance

FILES, J., Dissenting.

—With some regret I must dissent because I cannot find in the record the evidence which would support the judgment. Although there is more than one ground for reversal, these remarks are directed to the single issue of whether defendant had any duty to provide for the safety of the decedent. This turns on the question of agency to contract. The individuals whose alleged deliction caused the death were not sued, and hence the agency question could dispose of the entire case.

There can be no doubt that the deceased was, as to the defendant, an independent contractor. He…