Crisler v. Ott

Citations

• 72 Miss. 166

Syllabus

<p>1. Employees’ Liability. Co-trespasser. Damages.</p> <p>While an enrployer may not be liable for the negligence of an independent contractor, if a proper person, where the act contracted to be done is itself a wrong, the employer is liable, not npon the principle of respondeat superior, but as a co-trespasser.</p> <p>2. Co-teespassee. Independent contractor. Cutting trees. Negligence.</p> <p>One negligently failing to acquaint himself with the real boundary line of his own land, who employs another, though an independent contractor, to cut trees, near the line, on land which he points out as his own, but which trees turn out to be beyond the line and on the land of a third person, is a negligent co-trespasser, and liable for the statutory penalty for cutting such trees.</p>