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Decisions under British Act

from the municipal corporation under §§ 4 and 13 of the Act. Mulrooney v. Todd and the Bradford Corporation (1908), 100 L. T. 99; 2 B. W. C. C. 191.

Where C purchased some standing timber and contracted with M to fell the timber and M employed his son to help do the work, and the son was injured, it was held that the son could not recover compensation from C as the son of M was not a workman of C's within the meaning of § 4 of the Act. Marks v. Carne (1908), 100 L. T. 950; 2 B. W. C. C. 186.

The registered owner of a steam tug chartered her to another. Under the charter-party the owner was bound to provide and pay a crew of two men, including the deceased, and he alone had power to dismiss them. The possession, control and management of the vessel under the charterparty belonged to the person to whom it was chartered. It was held that the owner and not the charterer was the deceased's employer, within the meaning of the Compensation Act. Mackinnon v. Miller (1909), 46 Scotch L. R. 299; 2 B. W. C. C. 64.

A shipowner contracted with Williamson for the cleaning of the boilers in one of his vessels. Williamson engaged a number of boiler scalers to do the work, and one of them, Spiers, was injured while so employed. Spiers was subject to the orders of Williamson in the performance of the work, a certain supervision over him and the other workmen being exercised by a foreman in the employment of the shipowner. Spiers received his wages from Williamson, who in turn received the money in installments from the shipowner as desired for payment of the wages. It was held that Spiers was not in the employment of the shipowner and therefore not entitled to compensation from him. Spiers v. Elderslie Steamship Co. (1909), 46 Scotch L. R. 893; 2 B. W. C. C. 205. The work of boiler scaling on a ship is not undertaken by the shipowner in the course or for the purposes of his trade or business within the meaning of §4 of the Workmen's Compensation Act. Id.

Decisions under British Act

The respondents were owners of a threshing machine which they let out on hire to farmers. They were bound by statute to have three men to attend the machine, two to look after the engine and a third as a road man. At farms the road man acted as assistant in threshing, being paid for this by the farmer and not by the respondents. While engaged in the threshing the applicant, the road man, was injured and claimed compensation from the respondents, who denied liability, stating that the farmer was the employer. The County Court judge held the respondents were the employers. On appeal it was held that the County Court judge had decided a question of fact, and that there was evidence to support his decision. Reed v. Smith, Wilkinson & Co. (1910), 3 B. W. C. C. 223.

A farmer arranged with David Walsh for the services of a threshing machine, which was owned by David Walsh's father, it being understood that 25 shillings was the sum to be paid for the use of the machine, and from this the sum of 20 shillings should go to the father of David Walsh. In the course of the work David Walsh's hand got caught in the machine and had to be amputated. It was held that the farmer was not liable to David Walsh under § 4 of the Act. Walsh v. Hayes (1909), 43 Irish L. T. 114; 2 B. W. C. C. 202.

A workman was drowned while mooring a ship belonging to the respondents. He was paid by a stevedore who worked for the respondents and other firms. The respondents contended that the workman was employed by the stevedore and not by them. The stevedore gave evidence that the money was paid through him merely for the convenience of the respondents. The County Court judge held that the man was employed directly by the respondents and not by the stevedore. On appeal it was held that this was a question of fact and the court could not interfere, as there was some evidence to support the decision. Pollard v. Goole and Hull Steam Towing Co. (1910), 3 B. W. C. C. 360.

California

ARTICLE B-SPECIFIC PROVISIONS OF VARIOUS STATUTES

ARIZONA

There is no provision on this subject in the Arizona Statute.

CALIFORNIA

"§ 30. The liability of principals and contractors for compensation under this act, when other than the immediate employer of the injured employee, shall be as follows:

"(a) The principal, any general contractor and each intermediate contractor who undertakes to do, or contracts with another to do, or to have done, any work, shall be liable to pay to any employee injured while engaged in the execution of such work, or to his dependents in the event of his death, any compensation which the immediate employer is liable to pay.

"(b) The person entitled to such compensation shall have the right to recover the same directly from his immediate employer, and in addition thereto the right to enforce in his own name, in the manner provided by this act, the liability for compensation imposed upon other persons by this section, either by making such other persons parties to the original application or by filing a separate application; provided, however, that payment in whole or in part of such compensation by either the immediate employer or other person shall, to the extent of such payment, be a bar to recovery against the other by any person entitled to such compensation.

"(c) When any person, other than the immediate employer, shall have paid any compensation for which he would not have been liable independently of this section, he shall, unless he caused the injury, be entitled to recover the full amount so paid from the person primarily liable therfor.

"(d) The liability imposed by this section upon such principal, general contractor and intermediate contractor shall be subject to the following limitations:

"(1) Such liability shall exist only in cases where the injury occurred on or in or about the premises on which the principal, general contractor or intermediate contractor has

Connecticut

undertaken to execute any work, or when such premises or work are otherwise under his control or management.

"(2) Such liability shall not exist in the event that the immediate employer, or other person primarily liable for the compensation shall, previous to the happening of such accident, have taken out, and maintained in full force and effect, compensation insurance with any insurance carrier, covering his full liability for compensation to the injured person or his dependents.

"(3) The commission may, in its discretion, order that execution against the principal, general contractor and any intermediate contractor, be stayed until execution against the immediate employer shall be returned unsatisfied.

"§ 31. The making of a lawful claim against an employer for compensation under this act for the injury or death of his employee shall operate as an assignment to the employer of any right to recover damages which the injured employee, or his personal representative, or other person, may have against any other party for such injury or death, and such employer shall be subrogated to any such right and may enforce in his own name the legal liability of such other party. The amount of compensation paid by the employer, or the amount of compensation to which the injured employee or his dependents is entitled, shall not be admissible in evidence in any action brought to recover damages, but any amount collected by the employer, under the provisions of this section, in excess of the amount paid by the employer, or for which he is liable, shall be held by him for the benefit of the injured employee or other person entitled."

CONNECTICUT

"Part B, § 5. Principal Employer, Contractor, and SubContractor. When any principal employer procures any work to be done, wholly or in part for him, by a contractor, or through him by a sub-contractor, and the work so procured to be done is a part or process in the trade or business of such principal employer, and is performed in, on, or about premises under his control, then such principal employer

Iowa

shall be liable to pay all compensation under this act to the same extent as if the work were done without the intervention of such contractor or sub-contractor."

ILLINOIS

"§ 31. Any person, firm or corporation, who undertakes to do or contracts with others to do, or have done for him, them or it, any work enumerated as extra-hazardous in paragraph (b) in section 3, requiring employment of employés in, on or about the premises where he, they or it as principal or principals, contract to do such work or any part thereof, and does not require of the person, firm or corporation undertaking to do such work for said principal or principals, that such person, firm or corporation undertaking to do such work shall insure his, their or its liability to pay the compensation provided in this Act to his, their or its employés and any such person, firm or corporation who creates or carries into operation any fraudulent scheme, artifice or device to enable him, them or it to execute such work without such person, firm or corporation being responsible to the employee, his personal representative or beneficiary entitled to such compensation under the provisions of this Act, such person, firm or corporation shall be included in the term "employer" and with the immediate employer shall be jointly and severally liable to pay the compensation herein provided for and be subject to all the provisions of this Act."

IOWA

The last sentence of § 17 (a) which defines the word employer, reads as follows: "Whenever necessary to give effect to section seven of this Act, it includes a principal or intermediate contractor."

Section 7 provides as follows:

"§ 7. Where an employee coming under the provisions of this act receives an injury for which compensation is payable under this act and which injury was caused under circum

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