context: P 33 The rationale set forth in the special note quoted above is persuasive and provides additional support for our holding that sections 413, 416, and 427 of the Restatement have no application to employees of independent contractors performing the work at issue. The phrase "to others" in these sections does not encompass such employees, but rather, innocent third parties. This is consistent with the analysis in Dayton and with Tenth Circuit case law applying Dayton to this issue.
citation_a.signal: see also
citation_a.parenthetical: acknowledging that general law on subject reaches same conclusion as to Restatement SS 427
citation_a.sentence: See Eutsler v. United States, 376 F.2d 634, 636 (10th Cir.1967) (concluding that phrase “to others” as contained in Restatement § 413 does not include employees of independent contractors); see also United States v. Page, 350 F.2d 28 (10th Cir.1965), cert. denied, 382 U.S. 979, 86 S.Ct. 552, 15 L.Ed.2d 470 (1966) (acknowledging that general law on subject reaches same conclusion as to Restatement § 427).
citation_b.signal: see
citation_b.identifier: 376 F.2d 634, 636
citation_b.parenthetical: concluding that phrase "to others" as contained in Restatement SS 413 does not include employees of independent contractors
citation_b.sentence: See Eutsler v. United States, 376 F.2d 634, 636 (10th Cir.1967) (concluding that phrase “to others” as contained in Restatement § 413 does not include employees of independent contractors); see also United States v. Page, 350 F.2d 28 (10th Cir.1965), cert. denied, 382 U.S. 979, 86 S.Ct. 552, 15 L.Ed.2d 470 (1966) (acknowledging that general law on subject reaches same conclusion as to Restatement § 427).