Battistelli v. Connohio, Inc.
Battistelli v. Connohio, Inc.
Opinion of the Court
The principal question in this case may be stated as follows: Can the plaintiff recover damages at common law for an injury caused by the negligence of the defendants or is he limited to an award under the workmen’s compensation law on the theory that the defendants were his principal employers? The case was tried to the jury and the plaintiff had a verdict. The defendants appealed from the denial of their motion to set aside the verdict and from the judgment.
The jury reasonably could have found the following facts: The defendants were engaged in manufacturing ice, including crushed ice. Their ice-crushing machine was powered by an electric motor. The wires were in a conduit. About May 1, 1948, a short circuit de
The defendants claim that General Statutes, § 7423,
As is stated in a very recent comparable case, Grenier v. Grenier, 138 Conn. 569, 571, 87 A. 2d 148, which refers to most of our cases, the question is one of degree and fact. The test there applied is valid in the case at bar: If the work is of such a character that it ordinarily or appropriately would be performed by the principal employer’s own employees in the prosecution of his business, or as an essential part in the maintenance thereof, it is a part or process of his work. When this test is applied, it is obvious that the intricate character of the job and the special skill required put it well outside of the capabilities of the defendants’ ordinary employees. The jury reasonably could have concluded that the work was not a part or process in the trade or business of the defendants. There was no error in the denial of the motion to set aside the verdict.
The finding cannot be corrected in any way which will advantage the defendants. The statement of facts, about which there was no serious dispute, sufficiently describes the offers of proof of the parties.
In their appeal from the judgment, the defendants first claim that the court should not have submitted the issue under § 7423 to the jury. Under the somewhat peculiar facts in the case at bar, it is unnecessary to decide this claim. It cannot avail the defendants since they requested in writing that the issue be sub
The defendants’ claim that, as a matter of law, the injury of the plaintiff was incurred while he was engaged in work which was a part or process of their business is disposed of by the discussion of the decision on the motion to set aside the verdict. The other exceptions to the charge are too technical to deserve extended consideration. As noted above and by the trial court in its memorandum, the question on “a part or process” has been defined as one of degree and fact. In its charge, the court gave the jury a number of illustrations, taken from our cases, to assist them in reaching a decision. They were told that “no one of these factors or tests mentioned by itself exclusively is necessarily determinative of this question, but you should consider the whole evidence, as I have said, and apply it to the law as I have given it to you as pertaining to this issue and thus decide it.” Read as a whole, the charge was “correct in law, adapted to the issues and sufficient for the guidance of the jury.” Maltbie, Conn. App. Proc., § 48; Water Commissioners v. Robbins, 82 Conn. 623, 636, 74 A. 938. The defendants take nothing by their appeal from the judgment.
There is no error.
In this opinion Brown, C. J., Baldwin and O’Sullivan, Js., concurred.
Sec. 7423. principal employer, contractor and subcontractor. When any principal employer shall procure any work to be done wholly or in part for him by a contractor, or through him by a subcontractor, and the work so procured to be done shall be a part or process in the trade or business of such principal employer, and shall be performed in, on or about premises under his control, then such principal employer shall be liable to pay all compensation under this chapter to the same extent as if the work were done without the intervention of such contractor or subcontractor.
Concurring Opinion
(concurring). I am unable to agree with
The reason for our rule that a party will not be heard in this court to make claims inconsistent with those he made on the trial is that the trial court has the right to rely upon representations and concessions made by the parties, and no party can justly complain of any ruling which has been induced by his own claims. Housing Authority v. Pezenik, 137 Conn. 442, 448, 78 A. 2d 546. In the present case, the trial court could not have been misled into a belief that the defendants were not claiming that, as a matter of law, the work in which the plaintiff was engaged was a part or process of the defendants’ business. That claim was stated clearly in a request to charge. The position of the defendants was that they were requesting a charge giving the jury a test to apply to determine the issue as one of fact only in the event that the trial court decided that the question was not one of law. That they were taking that position was made perfectly
Although I disagree with my associates in that particular, I come to the same result in the case as a whole, namely, that there was no error in leaving to the jury the determination of the question whether the w:ork in which the plaintiff was engaged was a part or process of the defendants’ business. We have frequently referred to such a question as being largely one of degree and fact. Fox v. Fafnir Bearing Co., 107 Conn. 189, 194, 139 A. 778; Bogoratt v. Pratt & Whitney Aircraft Co., 114 Conn. 126, 136, 157 A. 860; Johnson v. Robertson Bleachery & Dye Works, Inc., 136 Conn. 698, 704, 74 A. 2d 196. We have also said that “no one exclusive test can be set up and . . . each case must be determined on its own facts.” Crisanti v. Cremo Brewing Co., 136 Conn. 529, 532, 72 A. 2d 655. The decision of the question involves not only a determination of the primary facts but also the drawing of a conclusion from those facts as to whether the work was such that it was a part or process of the claimed principal employer’s business. Such a conclusion is one of fact. Accordingly, where there is room for reasonable men to differ either in their findings of primary facts or in their drawing of a conclusion therefrom, the case involves issues of fact which must be submitted to the jury. In the present case, it cannot be said that no reasonable man could conclude that the work being done by the plaintiff was not a part or process of the defendants’ business. The defendants were not harmed by the court’s submission of the issue to the jury.
Reference
- Full Case Name
- Dominick Battistelli v. Connohio, Inc., Et Al.
- Cited By
- 25 cases
- Status
- Published