West v. St. Louis, Vandalia & Terre Haute R. R.

Citations

• 63 Ill. 545

Syllabus

<p>1. Master and servant—whether employer is liable for acts of his contractor, and whether a contractor is a servant. A railway company chartered by the legislature contracted with certain parties to construct its road and its appurtenances. These contractors, through their superintendent, hired the plaintiff to work upon a freight house they were building for the company. A poisonous mixture, in which corrosive sublimate was an ingredient, was applied to the timber to prevent decay. The plaintiff was injured by breathing the exhalations of this substance, and by handling the timber to which it had been applied: Held, that the railway company was not liable to the plaintiff for the injury he received, but that the contractors were solely responsible, and were not in this respect the servants of the company.</p> <p>2. Same—when the contractors exercise special powers under charter. Where the wrongful act is done by contractors or lessees of a chartered company iu pursuance of the special powers and privileges conferred upon the company by its charter, and but for such charter the}' would have no right to prosecute the particular business, such contractors or lessees, as to third parties who may be injured by their acts, will be regarded as the servants of the company acting under ils direction, and the company will be held liable for any abuse of such of its privileges by its contractors or lessees.</p> <p>3. Same. A company may be held liable when the person doing the wrongful act is the servant of the company, and acting under its direction; and though such person is not a servant as between himself and the company, but merely a contractor or lessee, still he must be regarded as a servant or agent when he is exercising some chartered privilege or power of the company with its assent, which he could not have exercised independently of the charter.</p>