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About Medford mail tribune. (Medford, Or.) 1909-1989 | View Entire Issue (Dec. 19, 1963)
TIH'RSDAY, PECEMRER 19. 13 IT'S YOUR LAW Respect for Lar Makei Democrao Live MKDtOKD MAIL TRIBUNE. MEDFORD, OREGON if Art Eitor's Note: The following article was prepared as a pub lic service by the Oregon state Bar and is not intended to be legal advice. Persons having a legal problem should consult an attorney. Independent Contractors Knw artri then vou mav hire umMinp In Hn snmp snecial work for you. In case someone is hurt are you legaly respon sible? It depends on how you "hire" him. Was he an "Independent contractor?" An "employee." Or an "agent?" As a rule an independent con tractor has an independent call linglike that of a plumber, elec trician, house painter and the like. Your agreement with him calls for certain results. You do not tell him how to work. As a rule, you are not legally to blame for any harm he may do. He is an "independent" con tractor and not an employee or agent. But what about an employee or an agent? You, the employ er nr nrinrinal. controls and directs how the worker does his job. You are therefore respon sible for it, and largely for any harm that may grow out of his work. But how can you toll I hp dif ference between an independent contractor or an agent or em ployee? You look for facts that show or do not show control, direction nr independence. Suppose you "hii-orl" an inHenendont con tractor to paint your house white. Accidently his worker splatters some paint on your neighbor's green shutter. He is to blame through lack of due rare, not you. But you would be responsible if you employed and directed these painters your self. Is Responsible Why this difference? You have no control over the way the independent contractor does the work. Since he owns and man ages his enterprise, he is legal ly responsible for what he does. But you still may have some legal responsibility for an in dependent contractor's work as, fn,. ovamnlp if vou hire some one whose work may cause in- injury. Thus in one sucn chmk the contractor dug in the street. A pedestrian fell into the hole and was hurt. He could sue both the owner and the contractor. One cannot always pass on all the responsibility to the con tractor if in itself your project is dangerous, like blasting in a populous place. In such cases you have an ex tra duty to make sure to gel skillful and responsible inde pendent contractors to do such work. A man got an independent trucker to haul lumber. The tP.i.nr .rahnd into a car on the highway. The injured party sued both him and the lumber nrnnonu ann won As a rule only the independent trucking company would have had to pav, but nere tne luinm-i piiy should have known that this trucker was reckless. When vou call in a plumber, repairman, or other independ ent contractor you must make your place safe for him to work in. You must tell him of any traps and hidden dangers (not obvious ones). Otherwise you mav be liable to the contract or for any injuries to him or his workers. (Oregon lawyers offer this col umn as a public service. No per son should apply or interpret any law without the aid of an attorney, who is completely ad vised of the facts involved. Even a slight variance in facts may change the application of the law.) E r: I ; ant diamonds, set in bjttercup earrings, HK 3.d. $1UU sapphire or ruby. Man's 14K gold, 4 dia- Bold UK gold man's ring mond ring, Linda. Star features 7 diamonds. ZALES $195 $225 Diamond elrjance In 4- Splendid diamond in Mir- Emerald cut d amond and Bridal pair has marquise prong sohtaits, 14K gold. acle Top sol.taire. 14K 4 baguettes in 14K twdl 4 baguettes in 14K gold. $250 gold. $150 pair. $295 $395 Westinghouse Re-Trial Ordered .....i. rrryv ,1'DIA fivWal .M lunn in judge has ordered a re - trial of Westinghouse Electric Co. on charges of price-fixing in viola tion of the anti-trust laws. Judge John M. Cashin made (he decision after denying a Westinghouse motion seeking an acquittal following a hung jury verdict two weeks ago after a week-long trial. The motion for acquittal was opposed bv John J. Galgay. head oi tne ucpduimm u. tice anti-trust division here. Westinghoue had been indict ed with other companies on charges of price-fixing in brazed alloy used bv manufacturers in producing radios, refrigerators and similar appliances. The other defendants either have pleaded guilty or no con-tr-t Westinghouse elected to stand trial, which had resulted in the hung jury. The 7!id Illinois Ir.i'antrv was known during the Civil War as the "Methodist Preacher regi ment Its colonel, lieutenant col onel, major, six captains and seven lieutenants were licensed Methodist ministers. 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