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A third party who hires the regular employee of another to perform temporary services may sometimes be held liable for the torts of his "borrowed servant." Unfortunately the courts have failed to elaborate consistent criteria for determining when the temporary employer is liable and when the general employer may be held as an independent contractor. The borrowed servant doctrine is most frequently invoked against those who Tent machinery or equipment together with an operator.' In a typical situation Tinkers, a building contractor constructing a baseball stadium, needs a high-lift device to put in the towering centerfield bleachers. He arranges with Evers, owner of a crane rental company, for the services of a crane and operator. Evers dispatches the crane and operator Chance, whom he instructs to take good care of the machine and to follow Tinkers' orders. Employees of the building contractor tell Chance where to operate and give him signals for raising, lowering, and swinging the crane boom and line; he manipulates the controls and observes the crane company's general safety rules. The stadium rises rapidly until the day when Chance, daydreaming of the pleasurable hours he will some day spend in these very bleachers, forgets to wait for a signal-and deposits two tons of steel on the foot of a bystanding spectator. 2

Borrowed Servants and the Theory of Enterprise Liability