Motion Picture Herald (Mar-Apr 1945)

property owner and, if the verdict was against the property owner, then the latter must recover the losses from the contractor, by a separate suit. The higher court construed this contract to mean that an injured person could sue the contractor, thus saving the property owner time, inconvenience and expense in being involved in the suit. INDEPENDENT CONTRACTOR IS SOLELY LIABLE There is a vast legal difference between an employe and an independent contractor. Among other legal differences, an employer is not required to pay such taxes as Social Security, State Workmen's Compensation, Unemployment and the like on an independent contractor. Moreover, an employer is not liable in damages for injuries to persons or property caused by an independent contractor. Neither is an employer liable in damages, or liable for payment of compensation to an independent contractor killed or injured while performing his work. If a theatre owner employs a competent independent contractor to perform simple repairs or alterations, such contractor is solely liable for injuries to patrons caused by his negligence. On the other hand, if the theatre owner employs a contractor, or other employe, and directs him regarding when and how to do the job ; or the employe has no right to come and go when he pleases ; or the employe works on an hourly or daily pay basis, and the theatre owner has a legal right to discharge him at any time ; then under either of these circumstances, the relation of "employer" and "employe" exists whereby the theatre owner becomes solely responsible for any injuries caused by negligence of the contractor or employe. For example, in Allen (179 S. W. [2d] 116) reported October, 1944, it was shown that a property owner employed a plumber on an hourly basis to do some repair work on gas pipes. The plumber removed a valve and inserted a piece of pipe which allowed gas to flow into a women's rest room. An explosion resulted seriously injuring a woman. The higher court promptly held the property owner liable. In this case the plumber was not made a party to the suit. However, the property owner may sue and recover from the plumber the full amount of damages paid to the injured woman, unless the plumber can prove that he . was instructed to remove the valve by the property owner. LIABILITY OF CONTRACTOR Higher courts today consistently hold that independent contractors always are liable for all losses negligently caused to the property owner ; hence, if a theatre owner employs a contractor to perform repair or alteration work on a theatre building, and subsequently a patron is injured, due to faulty work performed by the contractor, the latter is personally liable. Of course, as above explained, the circumstance may be such that the injured patron is entitled to sue and recover damages from the theatre owner. But if the defective condition which caused the injury was solely the result of negligence on the part of the con tractor, the theatre owner may sue and recover his losses from the contractor. Another important point of law, related to this subject, is that circumstances of an injury may be such that the one whose employe caused it is liable irrespective of negligence. See Kirch (53 N. E. [2d] 827) rendered a few weeks ago, which clearly illustrates this law. In this case an employe spilled gasoline, which was ignited when another employe lighted a match. The ignited gasoline destroyed valuable property. The higher court promptly held the employer of these employes liable in full damages to the destroyed property and said the employes had performed an act of "public nuisance," and that the employer was liable whether or not the employes negligently spilled or ignited the gasoline. It is immaterial whether negligence of an architect, general contractor, subcontractor, independent contractor, or an ordinary employe effects injury to a patron. The theatre owner always may sue the negligent one, including his own employe, and recover full damages paid to the injured patron providing, of course, the one chosen to be sued is financially responsible. This is so because everyone is personally liable for financial losses negligently caused any person, including his employer. In view of the above explanations, it is quite apparent that theatre owners should conduct all building construction or repair projects, from beginning to the end, toward ultimately compelling injured patrons to sue either the architect, general contractor, subcontractor, or the independent contractor. This result can be attained by following the law with respect to employment of competent persons solely responsible for their own negligence. However, under no circumstances may an injured patron be compelled to sue the theatre's employe, unless the latter was acting outside of the scope of the employment when he did the thing (of which the theatre owner had no knowledge) that resulted in the injury. Under the latter circumstances, the employe and no one but he, can be sued by the injured patron. [Mr. Parker has contributed articles to Better Theatres on points of law of special interest to theatre operators for many years. He is a member of the Ohio Bar <with offices in Cincinnati.] Greater Use of Plastics Promised "Unprecedented future applications of plastics in 'the world of tomorrow' " were promised by the Society of the Plastics Industry in a declaration that followed a two-day meeting at Cincinnati in January. The plastics industry is 85% devoted to the production of war goods, it was disclosed ; but while the meeting was importantly concerned with experiences and activities in that effort, it also was directed toward the development of an integrated program "to give," it was announced, "post-war consumers the benefit of wartime research development." D. J. O'Conor, president of the Formica Insulation Company, Cincinnati, one of the largest producers of architectural plastics and now manufacturing plastic airplane propellors and other war products, was appointed leader of a committee to develop a "chronicle of the industry's development, growth and importance in the national economy." Lay Out Your Electric System For Permanence {Continued from page 21) than in the panels. This arrangement wil prevent dark ceiling areas in the shadows o the beams. The same precautions hold true i the case of fixtures installed on side wall; having deep pilasters. In selecting the type and shape of the lamj and size of the fixtures, consider matters o scale ; they should not be too large or smal for the dimensions or "weight" of the imme diately surrounding architectural or decorative treatment. When indirect fixture bowls are hung fairh close together or far from the ceiling, they should be of the upward focusing type, whil the broader bowls are more efficient when user singly or when set fairly wide apart and clos< to the ceiling. However, when the bowls art too flat in shape they may waste considerabh light by spilling it beyond the reflecting area Bowls of the wide open-top type should no be used over or under low hanging balconies as the exposed lamps will cause glare and car be easily seen by patrons. Before planning your lighting, check any lighting or other safety codes in effect in youi town. • Index of ADVERTISER? in BETTER THEATRE! Pag< Adler Silhouette Letter Co 21 Altec Service Corp I' American Pop Corn Co 2< American Seating Co Automatic Devices Co 2k Ballantyne Co., The Bausch & Lomb Optical Co Bigelow-Sanford Carpet Co Continental Electric Co DeVry Corp Fensin Seating Co Forest Manufacturing Corp Formica Insulation Co., The General Electric Co Goldberg Bros 16, 22, LaVezzi Machine Works Motiograph National Carbon Co., Inc National Theatre Supply 16, Projection Optics Co., Inc Radio Corp. of America RCA Service Co., Inc Robin, Inc., J. E S. O. S. Cinema Supply Corp Stoner Mfg. Corp Strong Electric Corp. 15, Theatre Managers Institute Union Carbide & Carbon Corp United States Rubber Co Vallen, Inc Wagner Sign Services, Inc Walker Screen Corp Weber Machine Corp Wenzel Projector Co., The ? 21! I If 21 If 1( ir 22! i\ 1< V 26 BETTER THEATRES, MARCH 3, 194!