Have any principles been laid down to decide the liability when there are two masters?
[Law of Torts] – The principles bearing upon the question of liability are: –
(1) there is a strong presumption that the general employer continues to be the master; (2) the burden is a on the general or permanent employer to prove that there is a transfer of service;
(3) this burden can be discharged by proving only that entire and absolute control over the servant was transferred to the hirer and that the servant had expressly or impliedly consented to the transfer; and
(4) a term in the contract between the general employer and the hirer stipulating as to who shall be the master.