Charles Evans Hughes

“ But when one large general work is undertaken by different persons, doing distinct parts of the same undertaking, there must be cooperation and co-ordination, or there will be chaos. The giving of the signals under the circumstances of this case was not the giving of orders, but of information, and the obedience to those signals showed cooperation rather than subordination, and is not enough to show that there has been a change of masters.' (Id. p. 226.)
In the present case, the Fuller Company obtained the use of the elevator and the operator from the Otis Company, and paid therefor. ”

“ So far as Locke's employment was concerned, there was no dispute as to any matter of fact, and the question of the liability of the Fuller Company for his negligence, if he was negligent in the operation of the elevator, was one of law. It cannot be said that, under the arrangement between the Fuller Company and the Mackay Company, Locke was transferred to the employment of the latter. The Fuller Company had contracted for the construction of the building. It had made a subcontract with the Mackay Company which covered the painting of the elevator shaft. ”

“ Justice Moody, in delivering the opinion of the court, said: 'Much stress is laid upon the fact that the winchman obeyed the signals of the gangman, who represented the master stevedore, in timing the raising and lowering of the cases of oil. ”