Philadelphia & R. Coal & Iron Co. v. Barrie

Citations

• 179 F. 50
• 102 C.C.A. 618
• 1910 U.S. App. LEXIS 4606

Syllabus

<p>1. Municipal Corporations (§ 821*) — Sidewalks—Contributory Negligence — When Question for Jury.</p> <p>A plaintiff, who was injured by stepping into an open coal hole in a sidewalk on a public street at a time when it was quite dark, cannot be held chargeable with contributory negligence as matter of law.</p> <p>[Ed. Note. — For other cases, see Municipal Corporations, Cent. Dig. §§ 1754-1756; Dec. Dig. § 821.*]</p> <p>2. Master and Servant (§ 300*) — Master’s Liability for Negligent Act of Servant — Grounds.</p> <p>The ground upon which a master in any case is held liable for a negligent act of his servant is not because the servant in his negligent conduct represents the master, but upon the distinct ground that he is conducting the master’s affairs, and the master is bound to see that his affairs are so conducted that others are not injured.</p> <p>[Ed. Note. — For other cases, see Master and Servant, Cent. Dig. § 1209; Dec. Dig. § 300.*]</p> <p>3. Master and Servant (§ 301*) — Liability for Injuries to Third Persons —Relation of Parties.</p> <p>Where defendant, a coal dealer, in delivering coal from its yards to customers, hired from another dealer a team and a driver in the latter’s general employ, paying a stipulated sum per hour for their services, and having full control and direction of the work and the method of its performance, the driver, while engaged in such work, was a servant of defendant, which was liable for an injury to a third person, caused by the driver’s negligence in its performance.</p> <p>TEd. Note. — For other oases, see Master and Servant, Cent. Dig. §§ 1210-1210; Dec. Dig. § 301.*]</p>