Reaume v. Newcomb
| Decision Date | 15 May 1900 |
| Citation | 82 N.W. 806,124 Mich. 137 |
| Court | Michigan Supreme Court |
| Parties | REAUME v. NEWCOMB et al. |
Error to circuit court, Wayne county; William L. Carpenter, Judge.
Action by Frank C. Reaume against Cyrenius A. Newcomb and another for personal injuries resulting from the negligence of an alleged servant. There was a judgment for plaintiff, and defendants bring error. Reversed.
The defendants are dry-goods merchants, forming a co-partnership under the firm name of Newcomb, Endicott & Co. They employ in their business eight delivery wagons, each drawn by a single horse. The drivers are boys, each boy having his own wagon and particular horse. The horses were stabled by one Charles Pierce, who kept a public boarding and sale stable, situated upon the alley between Sproat and Bagg streets, and on the west side of the street. Pierce had stabled these horses for about five years. By the contract, he had the entire charge and control of the horses,--stabled and took care of them for $18 per month for each horse. Any serious illness Pierce would report to defendants, but one Cooper, who was superintendent of deliveries, was expected to look after ordinary ailments. Cooper's business was to direct the boys at the barn about starting; see that they leave on time and get down in time to make the deliveries; to arrange about the horses going to the blacksmith shop; keep track of that and to attend to all the details of the wagons, in connection with the horses, that are not of sufficient importance to report to the office. He has general supervision of the boys. The boys had nothing to do with the care of the horses except when they were driving them. There were three deliveries a day,--one at 9 o'clock, one at 11, and another at 3. The boys went to the stable for their wagons so as to have them at the store at 9 o'clock. The horses were harnessed and ready for use. On their return at noon or at night the boys drove into the alley in front of the stable, cried out, 'Horse,' and left. From that time the horses were entirely in the control of Pierce until they were harnessed and delivered to the boys again in the afternoon or morning. The boys usually had the horses back to the stable from a quarter to half past 12. They were employed for the sole purpose of driving these wagons through the streets in delivering goods. After they returned the horses to the stable, and until they returned for them for the next delivery, their time was their own, and they were accustomed then to do work for other parties. Sometimes they went home and sometimes they had their dinner at the barn. Among these boys was one named Westcott, who was accustomed to take care of another man's horse and buggy when not employed by defendants as above stated. Among the horses owned by the defendants was one named 'Chub,' about 20 years old. A day or two previous to the accident, Pierce, thinking the horse was not well, gave him a 'ball,' which means a physic. On May 3d, at noon, after Westcott had delivered his horse and wagon at the stable, Pierce thought it best that the horse, Chub, should be given some exercise. He asked one of the boys, named Dee, to ride him. Dee declined, saying that he could not ride. Westcott offered to ride him, to which Pierce replied, 'All right.' Westcott mounted the horse, rode him down the alley, finally getting him into a canter, and rode out of the alley on Bagg street, and passed a...
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