Carr v. Merrimack Farmers Exchange, Inc.

The counts added to the plaintiff’s declaration by amendment sufficiently state causes of action falling within recognized principles of law.

The first count alleges that the defendant transported its goods over the public highway, through the medium of an independent contractor, in a manner which it knew or should have known would endanger travelers upon the highway, but failed to take preventive action or reasonable precaution against such risk, or to cause such action to be taken. While in ordinary circumstances the employer of an independent contractor is not liable for the negligence of…