Evans v. Whirlpool Corp.

When the city accepted these waste materials from defendant with actual notice of their character, it undertook to dispose of them and thus became, as to the defendant, an independent contractor.

This court’s holding in Wellman v. East Ohio Gas Co., 160 Ohio St. 103, disposes of plaintiff’s contentions. Paragraphs one and two of the syllabus read:

“1. Where an independent contractor undertakes to do work for another in the very doing of which there are elements of real or potential danger and one of such contractor’s employees is injured as an incident to the performance of the work, no…