Fairchild v. New Orleans & North-Eastern Railroad

Citations

• 60 Miss. 931

Syllabus

<p>Cutting Trees. Corporation not liable for, when. Case in judgment.</p> <p>The New Orleans and North-Eastern Railroad Company, a corporation, was engaged in the erection of a telephone line along its right of way, the work being under the supervision of T., who was charged with the duty of procuring the necessary poles, which he was directed by the superintendent of the railroad to get from the corporation’s right of way. The laborers employed were explicitly instructed by T. to confine themselves to the right of way, which was clearly defined, in cutting trees for poles. They negligently or wilfully cut certain trees, using them as poles, from the land of E. who brought this suit against the corporation to recover the statutory penalty for such cutting under chapter 30 of the Code of 1880. Held, that the laborers being the mere sentient tools of the corporation, authorized by the nature of the employment to exercise no discretion or judgment as representatives of . the corporation, but simply charged with the performance of the physical labor necessary to the execution of their instructions, the corporation is not liable for the trespass committed by them in disobedience of their instructions.</p>