City of Manchester v. Warren

• Decision Date: 28 July 1893
• Citation: 32 A. 763,67 N.H. 482
• Parties: CITY OF MANCHESTER v. WARREN et al.
• Court: New Hampshire Supreme Court

32 A. 763

67 N.H. 482

CITY OF MANCHESTER

v. WARREN et al.

Supreme Court of New Hampshire. Hillsborough.

July 28, 1893.

Case reserved from Hillsborough county.

Action by the city of Manchester against Warren and Beede, jointly. Reserved on question of Warren's liability. Case discharged.

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 two dollars a thousand for it, and Beede should cut the timber, haul the logs to the mill, place them on the rollways, take away the lumber, and deliver it on the cars, and have the balance of the contract price. They joined in the contract with the owner of the lot, because he would not contract with them severally for their respective parts of the work. They did the work in accordance with their agreement with each other. Beede used his own teams, and employed and paid his own help, in doing his part. He left some logs by the side of a highway, which rendered it defective, and a person recovered judgment against the plaintiffs for an injury caused by the defect. The question of Warren's liability was reserved.

E. F. Jones, for plaintiffs.

Leach & Stevens, for defendants.

CHASE, 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 job. Beede was not Warren's agent or servant, but an independent contractor. The leaving of the logs in the highway being an independent act of his, he alone is responsible for it. 2 Thomp. Neg. 899; Shear. & R. Neg. § 76 et seq.; Carter v. Mills Co., 58 N. H. 52. Case discharged. All concur.