(Download) "Farbe v. Casualty Reciprocal Exchange" by Louisiana Supreme Court * eBook PDF Kindle ePub Free

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Title: Farbe v. Casualty Reciprocal Exchange
Author : Louisiana Supreme Court
Release Date : January 06, 2000
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 64 KB

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RUGG, C. J. There was evidence from which, in its aspect most favorable to the claimant, these facts might have been found: The claimant owned and drove a truck. He transported sand and gravel from land of the city of Holyoke, where a power shovel was in operation to load his and other trucks, over a considerable distance of highway to the Springdale Dyke where the material was automatically unloaded. He was paid by the city $.35 a cubic yard for the transportation of the material. That sum included the use of the truck and his services as driver. There was a boss of the city at the loading place who gave directions where to put the truck for loading. At the Dyke was another boss in the employ of the city who directed where the truck was to be driven for unloading and also gave directions in backing the truck. On the day of the injury in following such directions the claimant backed his truck to a place where there had been a cave-in, the truck went down an embankment and he was injured. In addition to directions as to the precise places to go for loading and for unloading his truck, the claimant frequently was told which road or street to take in going between the places for loading and unloading. If a driver came with a light load, the boss at the dumping place would tell him to get a bigger load thereafter. The claimant testified that he was bossed just the same as if he was any City worker, that he could be laid off if not wanted, that he had control of his truck so far as he drove it, and that if late in reporting for work he was sent home and if late too often was liable to be fired. The findings of fact made by the single member and adopted as their own by the reviewing board were these: While the petitioner owned and drove his own team, by reason of the actual conditions under which his contract of employment were performed, the City of Holyoke, had the right to and exercised very close supervision of the way and manner in which he performed his work. At the time of his injury, according to the employee corroborated by the Citys representative, OConnor, the latter directed him in backing his truck. I find that, in following the instructions and orders thus given, petitioner backed up to a place where there had been a cave-in and his truck went down the fifteen foot embankment. I find that OConnor was in front of Strongs truck directing the latter and that as a result of these directions which Strong was obliged to follow, he met with his injury. These findings were warranted by the evidence and must be accepted as the basis of the decision.