context: The factfinder must assess the totality of the circumstances, with no single factor necessarily attaining talismanic importance. Given a minimally sufficient evidentiary predicate, determining the nature of the relationship between the hirer and the hi-ree is precisely the sort of "mixed" fact-law question which falls peculiarly within the competence of the jury qua factfinder.
citation_a.signal: see
citation_a.parenthetical: question of which employer exercised right to control "borrowed" servant susceptible to resolution by jury
citation_a.sentence: See, e.g., Wilson v. Hooter Corp., 475 F.2d 497, 501 (1st Cir.) (question of which employer exercised right to control “borrowed” servant susceptible to resolution by jury), cert. denied, 414 U.S. 865, 94 S.Ct. 116, 38 L.Ed.2d 85 (1973); cf. Swift v. United States, 866 F.2d 507, 510-11 (1st Cir.1989) (evaluative applications of legal standards to circumstances of particular cases are ordinarily for the factfinder).
citation_b.signal: cf.
citation_b.identifier: 866 F.2d 507, 510-11
citation_b.parenthetical: evaluative applications of legal standards to circumstances of particular cases are ordinarily for the factfinder
citation_b.sentence: See, e.g., Wilson v. Hooter Corp., 475 F.2d 497, 501 (1st Cir.) (question of which employer exercised right to control “borrowed” servant susceptible to resolution by jury), cert. denied, 414 U.S. 865, 94 S.Ct. 116, 38 L.Ed.2d 85 (1973); cf. Swift v. United States, 866 F.2d 507, 510-11 (1st Cir.1989) (evaluative applications of legal standards to circumstances of particular cases are ordinarily for the factfinder).