Henry v. Mondillo

Superior Court of Rhode Island

Henry v. Mondillo

4 R.I. Dec. 40

CourtSuperior Court of Rhode Island

DecidedNovember 5, 1927

DocketW.C.A. Pet. No 752

StatusPublished

This text of 4 R.I. Dec. 40 (Henry v. Mondillo) is published on Counsel Stack Legal Research, covering Superior Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Henry v. Mondillo, 4 R.I. Dec. 40 (R.I. Ct. App. 1927).

Pincite

Opinion

Tanner, P. J.

The defence in this case was that the man injured was not an employee. He was a bricklayer by trade and was in the habit of agreeing to build catch basins for the defendant, who was a sewer contractor, whenever the contractor desired such catch basins built. He built these catch basins from time to time at a fixed price for the catch basin and without any apparent control upon the part of the contractor.

For petitioner: F. J. McOsker. For respondent: R. T. Bamefield.

We therefore think that he was not an employee and the petition is denied.

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Tanner, P. J.

The defence in this case was that the man injured was not an employee. He was a bricklayer by trade and was in the habit of agreeing to build catch basins for the defendant, who was a sewer contractor, whenever the contractor desired such catch basins built. He built these catch basins from time to time at a fixed price for the catch basin and without any apparent control upon the part of the contractor.

For petitioner: F. J. McOsker. For respondent: R. T. Bamefield.

We therefore think that he was not an employee and the petition is denied.

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Bluebook (online)

4 R.I. Dec. 40, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henry-v-mondillo-risuperct-1927.