Rufus Wheeler Peckham

“ A general manager of a business corporation, such as this gas company is, would not be presumed to have this power. The term, in our judgment, when used in connection with such a corporation, cannot, in the absence of any evidence on the subject, be presumed to mean anything more than that the person filling the position has general charge of those business matters for the carrying on of which the company was incorporated. ”

“ At any rate, the jury has never been called upon to render a verdict against a sole defendant; and while it may be said that, whether against one or against all the defendants, the plaintiff suffers the same damage, and should be entitled to a verdict for the same sum, still the question arises whether a jury, in passing upon the several liability of the individual defendant, would give a verdict of the same amount as it would if both the other defendants remained. ”

“ All the defendants joined in a plea of not guilty, and the jury could not find a verdict of guilty against all, and apportion the damages among the several defendants by giving a certain amount as against the company and a certain other amount as against the individual defendants. Those of the wrongdoers who are sued together and found guilty in an action of tort are liable for the whole injury to plaintiff, without examining the question of the different degrees of culpability; and, if but one is sued, he is liable for all the damages inflicted by the most culpable. ”

“ Where the judgment is based upon a cause of action of such a nature that it might work injustice to one party defendant, if it were to remain intact as against him while reversed for error as to the other defendants, then we think the power exists in the court, founded upon such fact of possible injustice, to reverse the judgment in toto, and grant a new trial in regard to all the defendants. ”

“ His special attention was directed to certain points regarding the standard for gas, and increasing its product per pound of coal; increasing the coke sold; saving of refuse coke; reduction of men employed at the works; number of thousand feet of gas produced, and all other points which needed correction; the letter closing with the statement: 'The welfare of the company demands economy in its management, and that the gas produced shall be uniformly good.' From that time until the year 1886 there is no evidence regarding the duties of superintendent or manager of the company. ”

“ If the jury were going to give exemplary damages, they might give much larger damages against a very wealthy person than they would against a person of ordinary circumstances.' Counsel for the defendants said that their claim was only $50,000. To which the court responded: 'If you admit that if they are entitled to a verdict at all they are entitled to $50,000, that does away with the necessity of the evidence ”

“ Pursuant to that authority, the president wrote to Mr. Lansden (the plaintiff) , stating: 'Our board of directors has authorized me to employ a superintendent, and I have concluded to offer you the position at a salary of $5,000 per annum, payable monthly, the condition being that you will give satisfaction, presuming that you are a first-class gas-works superintendent; otherwise this agreement may be revoked at any time.' The plaintiff was at this time a gas engineer, who is, as plaintiff testified, a man who constructs and manufactures gas works and manufactures gas. ”

“ The plaintiff then alleged that the defendants, in the month of February, 1894, published or caused to be published in a newspaper or periodical called 'The Progressive Age,' which was printed in the city of New York, and widely circulated as an organ devoted to the interests of gas producers and manufacturers throughout the country, the libel in question. ”

“ In March, 1865, the duties of such an officer were plainly stated. They were: 'To take charge of every portion of said works pertaining to the manufacture, distribution, and consumption of gas, and all persons employed in those departments.' Further details of his duties were mentioned in the writing making the appointment, but they all related to the carrying on of the business of the company. ”

“ The letter contained libelous matter in regard to the plaintiff, and, with much other testimony, was printed and published by the board of directors, and the court decided that the corporation could be held liable for the publication. ”

“ Lansden was called upon the answer certain questions bearing upon the reduction of price of gas in Washington, and made the following replies:
'Q. What does gas cost to manufacture at your works?
'A. It costs us 48.38 cents per thousand in the holder, and 40.09 cents per thousand for distribution.
"Q. Can you in any way reduce the cost of gas in the manufacturing, so your company could sell for less to the consumer? ”

“ McLean, the president of the defendant company, who gave it to Mr. Bailey, the secretary, who had kept it in his possession from that time; that after Mr. Leetch received Mr. Brown's first letter relating to the plaintiff's testimony before the congressional committee of 1894, Mr. Leetch showed him (Bailey) the letter, and that Mr. Bailey then read it, and stated: 'I have a paper in Mr. Lansden's own handwriting, where he stated that the price of gas was so and so, and the price of distribution was so and so;' and he then gave Leetch the paper ”

“ Hollister, 118 U.S. 256, 260, 6 Sup. Ct. 1055; Railway Co. v. Harris, 122 U.S. 597, 609, 7 Sup. Ct. 1286; Railway Co. v. Prentice, 147 U.S. 101, 109, 13 Sup. Ct. 261, and cases cited at page 110, 147 U.S., and page 264, 13 Sup. Ct. ”