Moylan v McCaffrey and O'Carroll

• Jurisdiction: Ireland
• Judgment Date: 01 January 1938
• Date: 01 January 1938
• Court: Supreme Court

S. C., E.

Moylan

and

McCaffrey and O'Carroll

Contract of service -Whether applicant "workman" or "independent contractor" - Carter using own horses and carts and employing own men - No obligation to attend to work himself - Absence of control - Inference of law to be drawn from Circuit Judge's findings of fact - Workmen's Compensation Act, 1934 (No. 9 of 1934).

The applicant, who was a carter, was employed by the respondents, a firm of building contractors, to draw sand, using his own horses and carts. He was paid weekly at the rate of 1s. 10d. per cubic yard of sand drawn, and when necessary he employed other men at his own expense to assist him, while on several occasions he wen off to work elsewhere with the knowledge and assent of the respondents' foreman. In his work for the respondents he was told where to get the sand, where to put it, and at what time to start work. For a period he was stopped drawing sand and was directed to cart pipes instead for which he was paid at the rate of 1s. 1d. per hour. While engaged at the latter work he was...