Manchester v. Warren
Supreme Court of New Hampshire
Case, for damages and costs recovered and expenses incurred in an action against the plaintiffs, in favor of a person injured by a defect in a highway caused by the defendants. Facts agreed. The defendants, Warren and Beede, took a contract to cut, saw, and deliver on the cars all the timber standing on a certain lot, at $5.25 a thousand.
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Case, for damages and costs recovered and expenses incurred in an action against the plaintiffs, in favor of a person injured by a defect in a highway caused by the defendants. Facts agreed. The defendants, Warren and Beede, took a contract to cut, saw, and deliver on the cars all the timber standing on a certain lot, at $5.25 a thousand. Warren owned a sawmill and Beede owned teams; and before making the contract, they agreed with each other that Warren should do the sawing and have $2 a thousand for it, and that Beede should cut the timber, haul the logs to the mill, place them on the…
1Opinion of the CourtChase, J.
The liability of Warren to the plaintiffs for Beede’s acts depends upon the relation existing between him and Beede, and not upon that existing between the two jointly and the owner of the lot. By their agreement with each other, Warren had no right to control Beede’s action in the performance of his part of the contract. Beetle was not Warren’s agent or servant, but an independent contractor. The leaving o£ the logs in the highway being an independent act of his, he alone is responsible for it. 2 Thomp. Neg. 899; Shearm. &' Red. Neg., s. 76 et seq.; Carter v. Berlin Mills, 58 N. H. 52.
Gase…
2Cases cited1 opinion
- Carter v. Berlin Mills Co.Supreme Court of New Hampshire · 1876
3Cited by4 opinions
- Wilson v. Nooter Corp.Court of Appeals for the First Circuit · 1974
- Bernier Ex Rel. Paquet v. WhitefieldSupreme Court of New Hampshire · 1921
- Alfred Wilson v. Nooter Corporation, and Third Party v. The H. K. Ferguson Company, Third Party Alfred Wilson v. Nooter Corporation, and Third Party v. The H. K. Ferguson Company, Third PartyCourt of Appeals for the First Circuit · 1974
- Merron v. FessendenSupreme Court of New Hampshire · 1913