No specific laws identified for this ruling.
Court granted defendant's petition for new trial, finding that the brakeman plaintiff voluntarily assumed the known risk of the lumber pile near the track, and that the station agent who directed the lumber placement was a fellow-servant rather than a vice-principal.
Appeal from Saline Circuit Court; W. H. Evans, Judge; The gas company was not liable for the acts of its independent contractors, or its agents or employees, even if injury resulted from their negligence. Pitts was an employee of appellant, but in opening the gates of the gas main and failing to close them or shut off the gas he was acting under the orders of the contractors’ agent, and was their agent. • 54 Ark. 424; 77 Id. 552; 156 N. Y. 75; 60 N. E. 87; 166 Mass. 268; 35 N. E. 101; 20 Moak, Eng. Rep. 469. The test is who directs the movements of the person committing the injury. 156 N. Y. 75. Pitts was simply lent to independent contractors and doing their work, under their orders. L. R. 6 C. P. 24. Under these authorities the court erred in its' charge to the jury. 1. Booth & Flinn were not independent contractors, as found by the jury upon a proper charge.. 2. Pitts was the agent and employee of appellant on duty and subject to its orders. 62 N. Y. Supp. 1086; 46 Fed. 506; 63 Pac. 177; 10 N. Y. Supp. 927 ; 83 Ark. 302. The relation of master and servant never existed between Booth & Flinn and Pitts. 83 Ark. 302; 133 N. W. 888; 38 L. R. A. (N. S.) 973; 203 N. Y. 191; 38 L. R. A. (N. S.) 481. There is no error in the court’s charge.
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