Wood v. Ind. Sch. Dist.
Supreme Court of Iowa
Appeal from Bremer District Gourt. The petition avers in substance that tbe defendant, The Independent School District of Mitchell, employed its co-defendants, John Pratt and George Moses, to drill a well in the school-house yard, with machinery which it was dangerous to leave unlocked and unguarded; that said well was to be -sunk for the improvement of the district property; that said work was let to said Pratt & Moses at a certain rate per foot, and the said district had…
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Appeal from Bremer District Gourt. The petition avers in substance that tbe defendant, The Independent School District of Mitchell, employed its co-defendants, John Pratt and George Moses, to drill a well in the school-house yard, with machinery which it was dangerous to leave unlocked and unguarded; that said well was to be -sunk for the improvement of the district property; that said work was let to said Pratt & Moses at a certain rate per foot, and the said district had no direct control over the same; that said district wrongfully and negligently permitted the work to be done during the…
1Opinion of the Court
Adams, J.-
í neguMUyBforia" contractors, The defendants, Pratt & Moses, who had charge of the machinery, were not the agents of the defendant district, but were contractors. The district did not contr°l them, either in regard to the manner in which the work should be done or the machinery which should be used. The general rule that the employer is not liable for the negligence of his contractor will not be disputed. But the rule is subject to some exceptions, and it is claimed that this case comes within an exception. In support of that proposition, the appellant cites the case of Chicago v.…
2Cases cited1 opinion
- Chicago City v. RobbinsSupreme Court of the United States · 1863
3Cited by14 opinions
- Ryan v. TowarMichigan Supreme Court · 1901
- Humpton v. P. F. Unterkircher & SonsSupreme Court of Iowa · 1896
- Miller v. Minnesota & Northwestern Railway Co.Supreme Court of Iowa · 1888
- Bailey v. City of WinstonSupreme Court of North Carolina · 1911
- Brown v. Rockwell City Canning Co.Supreme Court of Iowa · 1906
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