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PA. SMELTING & REFINING CO. v. DUFFIN

363 Pa. 564 (1950)

Pennsylvania Smelting & Refining Co. v. Duffin, Appellant.

Supreme Court of Pennsylvania.

January 3, 1950.

Attorney(s) appearing for the Case

J. Webster Jones, for appellant.

Charles M. Solomon, with him Jerome J. Rothschild, and Fox, Rothschild, O'Brien & Frankel, for appellee.

Before MAXEY, C.J., DREW, LINN, STERN, PATTERSON, STEARNE and JONES, JJ.

OPINION BY MR. JUSTICE HORACE STERN, January 3, 1950:

We are concerned here with the not unfamiliar problem of determining the party legally responsible for the negligence of a borrowed employe. The controlling test in such a case is well established; it is whether, in the particular service which the employe is engaged to perform, he continues liable to the direction and control of his general employer or becomes subject to that of the party to whom he is lent or...

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