Fairchild v. New Orleans & North-Eastern Railroad
Mississippi Supreme Court
Appeal from tbe Circuit Court of Lauderdale County. Hon. S. H. Terral, Judge. Tbe case is stated in tbe opinion of tbe court; The instructions of defendant to its agent to cut trees on defendant’s right of way were inadmissible as evidence, and should have been excluded. Even if admitted as evidence, tbe railroad authorities are presumed to be present always along the line of tbe road, looking on and commanding every act done by servants in the scope of their employment.
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Appeal from tbe Circuit Court of Lauderdale County. Hon. S. H. Terral, Judge. Tbe case is stated in tbe opinion of tbe court; The instructions of defendant to its agent to cut trees on defendant’s right of way were inadmissible as evidence, and should have been excluded. Even if admitted as evidence, tbe railroad authorities are presumed to be present always along the line of tbe road, looking on and commanding every act done by servants in the scope of their employment. Eedf. on Eys. 384, 386; Story on Ag. 451, 452; 38» Miss. 242. The officers of the company gave positive orders that…
1Opinion of the CourtCooper, J.
The appellee was engaged in the erection of a telephone *932line along its right of way, the work being under the supervision of its agent, Thompson, who was charged with the duty of procuring the necessary poles, which he was directed by the superintendent to get from the appellee’s right of way. The laborers employed negligently or wilfully cut certain trees from the land of the appellant, which were used as poles for the telephone line, and this suit is brought to recover the statutory penalty for such cutting. The testimony is conflicting as to the instructions given by Thompson to the…
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