Georgia Casualty Co. v. Lindauer Corp.

TAPPAAN, J.,

pro

tem.

Appellant instituted this action to recover certain moneys expended by it, for one Buis, for medical services and compensation and for future compensa

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tion to be paid him. The injured man, Buis, was the employee of certain independent contractors, and was injured while working on a bin which was a part of respondent’s rock-crusher. The action is brought under the provisions of sections 26 (Stats. 1917, p. 831, as amended by Stats. 1919, p. 920) and 30 (2f) of the Workmen’s Compensation Act.

The judgment was in defendant’s favor and from this judgment plaintiff appeals, “upon the judgment roll in that said findings are at variance”. The facts found by the court, in so far as material here, may be summarized as follows: Defendant contracted with the injured man’s employers for the doing of certain carpenter work consisting in the repairing of a conveyor and the building of bins under the conveyor. That at the time of the injury complained of, defendant was operating the conveyor and the injured man was working upon a bin. The control of the operation of the plant during the period of the work was with defendant at times, then with the contractors, and again, at times both were in control. There are findings, that there was no negligence upon the part of defendant; that the contractors were in control and direction of the work and their employees; that the bins, pulleys, conveyors and runways were.fit and proper for the use made of them and were carefully inspected and examined by defendant; that the contractors and their employees, including the injured man, were requested and advised by defendant to notify defendant in the event any work was to be done in an exposed or dangerous place so that the operation of the plant could be stopped; that no such notice was given to defendant; that if defendant had had such notice the operation of the plant would have been stopped; that defendant had no knowledge that the injured man was at work or intended to work at the place he was injured. The court then finds that Buis, the injured man, failed and neglected to use and exercise ordinary care and caution, and that the injuries suffered or caused him “were directly

contributed to and proximately caused by the neglect and carelessness of the said Alvah D. Buis.”