Quinan v. Standard Fuel Supply Co.

• Decision Date: 11 March 1920
• Docket Number: 10760.
• Citation: 102 S.E. 543,25 Ga.App. 47
• Parties: QUINAN v. STANDARD FUEL SUPPLY CO.
• Court: Georgia Court of Appeals

102 S.E. 543

25 Ga.App. 47

QUINAN v. STANDARD FUEL SUPPLY CO.

No. 10760.

Court of Appeals of Georgia, Second Division

March 11, 1920

Syllabus by the Court.

Where a corporation contracts with an individual exercising an independent employment, for him to do a work not in itself unlawful or attended with danger to others, such work to be done according to the contractor's own methods, and not subject to the employer's control or orders, except as to results to be obtained, the employer is not liable for the wrongful or negligent acts of such independent contractor or of his servants (Civ. Code 1910, § 4414; Atlanta Railroad Co. v. Kimberly, 87 Ga. 161, 13 S.E. 277, 27 Am.St.Rep 231; Fulton Railroad Co. v. McConnell, 87 Ga. 756 13 S.E. 828; Ridgeway v. Downing Co., 109 Ga. 591 34 S.E. 1028); and the mere fact that the employer may have had an agent who supervised the work, for the purpose merely of seeing that it was done in conformity to the contract without interfering as to the particular method in which it was to be done or the means by which the given result was to be accomplished, would not in law be such control and direction of the work by the employer as would render him responsible for the manner in which the work was done ( Harrison v. Kiser, 79 Ga. 588, 4 S.E. 320; Louisville & Nashville R. Co. v. Hughes, 134 Ga. 75, 67 S.E. 542). But the employer is liable for the negligence of the contractor if he retains the right to direct or control the time and manner of executing the work, or interferes and assumes control, so as to create the relation of master and servant. Civ. Code 1910, § 4415; Savannah Railroad Co. v. Phillips, 90 Ga. 829, 17 S.E. 82; Johnson v. Western & Atlantic R. Co., 4 Ga.App. 131, 60 S.E. 1023; International Agricultural Corporation v. Suber, 24 Ga.App. 445, 101 S.E. 300.

Applying the foregoing rulings to the proof submitted in this case, together with all reasonable deductions and inferences to be drawn therefrom, it was a question for the jury to determine whether or not the alleged foreman and alter ego of the defendant was in fact such, or whether he was, as contended by the defendant, an independent contractor, and, if the latter, whether the defendant retained, or interfered and assumed, the right to direct and control the time and manner of executing the work. The court, therefore, erred in directing a verdict for the defendant upon the theory that the alleged injury was inflicted by an independent contractor.

Error from City Court of Savannah; Davis Freeman, Judge.

Action by W. J. Quinan against the Standard Fuel Supply Company. Judgment for defendant on a directed verdict, and plaintiff brings error. Reversed.

Whether one was in fact a foreman of defendant or an independent contractor held a question for the jury.

W. J. Quinan brought an action for damages against the Standard Fuel Supply Company, a corporation, for personal injuries alleged to have been sustained by him through the negligence of one Powers, who it is alleged was the vice principal and alter ego of the defendant, and others working under his orders and directions. It appears from the petition and the evidence that the plaintiff was an employé of the American International Shipbuilding Corporation, and at the time of the alleged injury was engaged in checking certain piling which that company had contracted with the defendant to unload from cars, and the alleged improper and negligent unloading of which the plaintiff contends caused the injury. The defendant set up as a defense that Powers, its alleged vice principal, was not in fact such, but was an independent contractor on the work, was in the exercise of an independent business, and was not subject to the immediate direction or control of the defendant, and that the defendant was therefore not liable for any acts of negligence on the part of Powers or his servants. Upon this issue the following evidence was introduced:

The plaintiff testified:

"Mr. Powers was looking after the work there as foreman for the Standard Fuel Supply Company. * * * The contract was taken away from Ramsey, and given to the Standard Fuel Supply Company, and Mr. Powers came there as foreman of the job. The men were working under his direction. * * * The Standard Fuel Supply Company were doing this work. I knew Mr. Powers was in charge as their foreman. I knew Powers was foreman, because Mr. Ross, chief in charge of the American International Shipbuilding Corporation, that I reported to, he told me the Standard Fuel Supply Company had taken over the contract. The darkies were all under his direction. He was the man who gave them directions. Mr. Salas [[[president of the defendant company] visited the dock two or three times a day and conferred with Mr. Powers. Mr. Salas was not giving the darkies any directions. I never saw Mr. Salas give anybody instructions. Mr. Powers was the only man giving instructions to men on that particular work. * * * I knew Mr. Powers as a wharf builder and contractor all my life. I knew he had taken other jobs for Mr. Salas, and that he had taken jobs for himself. I know the relations between them by the pay roll of the Standard Fuel Supply Company, showing Mr. Powers as their foreman. I did not know so definitely at the time. I knew Mr. Powers was in control of the work, but I was not told that the contract was turned over to Mr. Powers, but to the Standard Fuel Supply Company."

W. H. Patterson, Jr., sworn in behalf of the plaintiff, testified:

"I was with the government. * * * That is my signature to a contract between the government and Mr. Salas for unloading this piling and loading the vessel. Mr. Powers was down there as Mr. Salas' foreman, and when I had any instructions for Mr. Powers, I was compelled to communicate them through Mr. Salas. When I went to him he would say: 'Tell Mr. Salas, and he will tell me.' I knew Mr. Powers in the contract as Mr. Salas' foreman. I made this contract on behalf of the United States Shipping Board with the Standard Fuel Supply Company. * * * I knew Mr. Powers was in charge of the work. I saw him there every day. I knew nothing about the arrangement between him and Mr.

...