New Orleans, Baton Rouge, Vicksburg & Memphis Railroad v. Norwood

Citations

• 62 Miss. 565

Syllabus

<p>1. Master and Servant. Whether engineer running train for railroad company or for contractor. Liability for negligence. Case in judgment.</p> <p>A railroad company employed M., a contractor, to do certain work upon its road, and paid him therefor a stipulated price, and furnished him a construction train and an engineer to run the same. The company prohibited the running of this train at a greater rate of speed than thirteen miles per hour, and required that it should be on a side-track fifteen minutes before the schedule time for each of the company’s trains. Subject to these regulations, the control, management, and direction of the construction train was given wholly to M. The engineer was selected by the company, and it alone had the right to discharge him, though bound to do so upon the complaint of M.,' and to supply his place. The company paid the engineer’s wages, but charged the same to M., and deducted the amount thereof from the sum due him for his work. A mule having been killed by the negligent running of this construction train, the owner sued the railroad company for the value thereof. The defendant resisted the action on the ground that the train was not run by its servant, but by M.’s. Meld, that such engineer was the servant of the railroad company.</p> <p>2. Same. Mire of personal property with servant to manage. Buie in such case.</p> <p>The above decision is based upon the principle that where a person hires the personal property of another who furnishes a servant to manage the same, though the hirer acquires the right to superintend and direct the conduct of the servant, the latter continues to be the servant of the owner of the property, who is responsible for any negligence of the servant in the performance of his service for the hirer, even where the hirer only is interested in such service.</p>