[Download] "Hier v. Farmers Mutual Fire Ins. Co." by Supreme Court of Montana # eBook PDF Kindle ePub Free
eBook details
- Title: Hier v. Farmers Mutual Fire Ins. Co.
- Author : Supreme Court of Montana
- Release Date : January 04, 1937
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
MUNICIPAL CORPORATIONS — MASTER AND SERVANT — AIRPLANES — INDEPENDENT CONTRACTOR. 1. Municipal Corporations — Airport operation is governmental function. Operation of airport by city and county is a governmental function and they are immune from tort liability for accidents arising out of operation of airport. Page 395 2. Municipal Corporations — Manager of airport was agent of City — No liability for injury. Where lease of hangar facilities at city and county airport to two persons, designated one of lessees as airport manager, and lessees were obligated to pay expense of maintenance of portion leased to them but no mention was made as to maintenance of runways and other portions of airport, city and county retained right of control over maintenance of runways and grounds adjacent thereto, and with respect to such unleased portions, manager was agent of city and county and he was not liable for accident which occurred when plaintiffs, while practicing night landings in airplane, collided with unlighted and unmarked windrow of sand about six feet beyond edge of runway. 3. Master and Servant — When independent contractor relationship exists. In determining whether relationhisp of independent contractor exits, no hard and fast rule can be applied and each case must be decided upon its particular facts. 4. Master and Servant — Distinction between employee and independent contractor. Main distinction between servant or employee and an independent contractor lies in right of control over performance of the work. 5. Master and Servant — Resort to contract. A contractee-independent contractor relationship presupposes a contract between the parties involved, and when that question arises or is presented for determination, resort must be made, in the first instance, to the contract. 6. Master and Servant — Wording of contract controls. In determining whether contractee-independent contractor relationship exists, it is the wording of the contract that controls rather than allegations of its effect when wording does not justify the conclusion asserted in the allegation. 7. Master and Servant — Intention of parties. Where there is a written agreement, it controls in determining whether there is a contractee-independent contractor relationship present if intention of parties can be determined therefrom, but if contract is ambiguous, then it is pertinent to take into consideration conduct of parties and all of the surrounding circumstances.