Cour de cassation, Chambre sociale, du 11 mars 1965, 64-10. 987, Publié au bulletin
Presiding Judge | M. VIGNERON |
Date | 11 mars 1965 |
Docket Number | 64-10 987 |
Court | Chambre Sociale (Cour de Cassation de France) |
Publication au Gazette officiel | Bulletin 1965 IV N° 227 |
ATTENDU QUE X..., CHEF MONTEUR A LA SOCIETE DE LIFT SCHINDLER, EXECUTAIT LE 23 JUIN 1958, DES TRAVAUX DE REFECTION A UN DES ASCENSEURS DES GALERIES DE MULHOUSE, AVEC L'AIDE DE DEUX EMPLOYES DES GALERIES, DONT Y... ;
QUE LES TROIS HOMMES ONT ETE BLESSES LORS DE LA CHUTE DE L'ASCENSEUR JUMEAU DANS LEQUEL ILS AVAIENT PRIS PLACE ;
QUE, POUR REFORMER LE JUGEMENT QUI AVAIT DECIDE QUE, X... ET LES DEUX OUVRIERS DES GALERIES DE MULHOUSE EFFECTUANT UN TRAVAIL EN COMMUN, LA SOCIETE LE LIFT SCHINDLER NE POUVAIT ETRE CONSIDEREE COMME TIERS RESPONSABLE AU REGARD DE Y..., L'ARRET ATTAQUE RETIENT DE LA DEPOSITION DU TEMOIN NUSS, FONDE DE POUVOIR DE LA SOCIETE LE LIFT SCHINDLER, " QUE TOUT EN ETANT MIS A LA DISPOSITION DE X..., Y... ET SON CAMARADE N'ONT PAS CESSE D'ETRE SOUS L'OBEDIENCE DES GALERIES " ET EN DEDUIT QUE LES DEUX OUVRIERS N'ETAIENT PAS SOUS LA SUBORDINATION DU " LIFT " ET QUE LA CONVENTION INTERVENUE ENTRE LES GALERIES ET LE LIFT N'AVAIT PAS POUR OBJET UN PRET DE MAIN-D'OEUVRE MAIS UNE SIMPLE " ASSISTANCE TECHNIQUE " ;
QU'EN STATUANT AINSI, ALORS, D'UNE PART, QUE LE TEMOIN NUSS AJOUTAIT QUE " X... SEUL AVAIT A...
Pour continuer la lecture
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