Callahan v. Burlington & Missouri River Railroad
Supreme Court of Iowa
Appeal from Lucas District Court. This is an action to recover damages for setting out fire, and negligently permitting it to escape from the grounds of defendant to those of plaintiff, where it burned timber, wood, etc.
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Appeal from Lucas District Court. This is an action to recover damages for setting out fire, and negligently permitting it to escape from the grounds of defendant to those of plaintiff, where it burned timber, wood, etc. The petition alleges, that the defendant is an incorporation organized under the laws of this State for the purpose of constructing and operating a railroad from Burlington to the mouth of Platt river; that the State has granted to said company the right of way through the State; that said road passes through Lucas county; that defendant let the contract of grading its road…
1Opinion of the CourtBeok, J.
1. masteb and road respondeat superior. Were the persons who committed the wrong as shown in tbe petition, tbe servants or agents of defend-' ant in such a sense that it was liable for their ? Upon the determination of this ques-' , _ x ^ tiOn the case depends.
Tbe rule respondeat superior is limited by this principle: “The responsibility of the master grows out of, is' measured by, and begins and ends with bis control of tbe servant.” 1 Parsons on Contracts, 88. If tbe person sought to be charged under tbe rule as employer, did not contract with tbe party committing tbe wrongful act for bis…
2Cases cited1 opinion
- Kellogg v. PayneSupreme Court of Iowa · 1866
3Cited by28 opinions
- Cunningham v. International RailroadTexas Supreme Court · 1879
- Callan v. BullCalifornia Supreme Court · 1896
- Humpton v. P. F. Unterkircher & SonsSupreme Court of Iowa · 1896
- Miller v. Minnesota & Northwestern Railway Co.Supreme Court of Iowa · 1888
- Bibb's Adm'r v. N. & W. R. R.Supreme Court of Virginia · 1891
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