A Treatise On the Law of Independent Contractors And Employers' Liability : Including Formation of the Relation, Employers' General And Exceptional Liability, Interliability of Employers And Contractors And Their Subordinates

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205; 16 Am. Neg. Cas. 668, n. ; Kellogg V. Payne (1866), 21 Iowa, 578; Robbins v. Chicago (1866), 4 Wall. (U. S.), 657; Chicago v.
Robbins (1862), 2 Black (U. S.), 418; Water Co. v. Ware (1872), 16 Wall. (U. S.), 566, 576; Hole V. Sittingbourne^ etc., Railroad, supra; Hundhausen v. Bond (1874), 36 Wise. 29; Lockwood v.
New York (1858), 2 Hilt. (N.
Y.), 66; Keegan v. Western Railroad (1853), 8 N. Y. 175; 59 Amer. Dec. 476; Clark v. Fry (1858), 8 Ohio St. 358; 72 Amer.
Dec. 590. Compare Hill v. N
...ew River Co. (1868), 9 B. & S. 303; Wabash, etc.. Railroad v. Farver 138 INDEPENDENT CONTEACTOES AND THEIR LIABILITT.
Indiana case an action was held maintainable where the injury charged was that a drainage ditch obstructed the plaintiff's access to his own premises, that the soil of his lot fell into it, and that stagnant and filthy water was al- lowed to remain in it.^® In the category of liability of an employer for injuries occasioned by the omission of some duty imposed on him, is the case of a continuing nuisance; for a man must not suffer a nuisance to continue on his premises, to the injury of others, although he was not responsible for its creation.^'' On the other hand, it has been held that a railroad company which has not accepted its road from an independent con- tractor for its construction at the time a third person re- ceived injuries from a nuisance can not be held to have ratified any act of the contractor by which the nuisance was dent contractor.


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