New Orleans & Northeastern R. R. v. Reese

Citations

• 61 Miss. 581

Syllabus

<p>1. Trespass. Railroad contractor. Liability of company for his acts.</p> <p>A railroad company is not responsible for the wrongful act of a contractor in taking trees from the land of another in procuring material to be furnished under his contract. If the party acted as agent or employe of the company it would be liable.</p> <p>2. Master and Servant. Relation, how determined. Mode of payment.</p> <p>The mode of payment is a circumstance of much weight in solving the question as to whether the relation of master and servant exists but is not decisive.</p> <p>3. Same. Where the relation does exist.</p> <p>If a party is the mere instrument of a railroad company engaged to get materials and labor for it, and is to be paid for his services a compensation measured by his disbursements for the company, he is its agent and the company is liable for his acts as such.</p> <p>4. Same. Gircumstanees fixing the relation.</p> <p>Where a party who is engaged in constructing part of the roadbed of a railroad employs laborers whose names are entered on the pay roll of the company and are in fact employes of the company and receiving their pay from the company, and the party engaging them was merely the,instrument of employing them for the company, this would fix his relation to the company as its servant.</p> <p>5. Same. Independent contractor. Case in judgment.</p> <p>K.’s contract with the railroad company was that lie should complete the job which M. had, and was to be paid for it what the material and labor to be procured and furnished by him should cost and ten per cent, additional to that as his compensation. Held,, that this did not make K. the servant of the company.</p>