Knowlton v. Hoit
Supreme Court of New Hampshire
Trespass, qu. cl., for breaking and entering the plaintiffs’ close, and cutting and carrying away an oak tree, throwing down the plaintiffs’ fence and wall, and incumbering tbe plaintiffs’ land with brush. Facts found by tbe court. Tbe defendant bought the standing timber on a lot adjoining tbe plaintiffs’ land, and made a contract with one Hazen to cut tbe standing trees into lumber at an agreed price per thousand feet.
Read the full summary
Trespass, qu. cl., for breaking and entering the plaintiffs’ close, and cutting and carrying away an oak tree, throwing down the plaintiffs’ fence and wall, and incumbering tbe plaintiffs’ land with brush. Facts found by tbe court. Tbe defendant bought the standing timber on a lot adjoining tbe plaintiffs’ land, and made a contract with one Hazen to cut tbe standing trees into lumber at an agreed price per thousand feet. Hazen performed tbe contract, hiring and paying bis men. Beyond making tbe contract and paying tbe price agreed, tbe defendant bad nothing to do with cutting the timber. Tbe…
1Opinion of the CourtSmith, J.
Hazen was a contractor, exercising an independent employment, and selecting his own servants and workmen. He was not an ordinary laborer, personally engaged in tbe cutting of the trees, nor acting under control of tbe defendant. Tbe injuries of which tbe plaintiffs complain were not tbe natural result of tbe work contracted to be done. Tbe contract was to do an act in itself lawful, and tbe authority conferred by tbe defendant on Hazen was that of executing it in a lawful manner. Tbe maxim, respondeat superior, does not apply. Carter v. Berlin Mills Co., 58 N. H. 52.
Judgment for the defendant.
2Cases cited1 opinion
- Carter v. Berlin Mills Co.Supreme Court of New Hampshire · 1876
3Cited by4 opinions
- Hutchinson-Moore Lumber Co. v. PittmanMississippi Supreme Court · 1929
- Wilson v. Nooter Corp.Court of Appeals for the First Circuit · 1974
- 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