Ward Hunt

“ When he ceases to be such and the actor is himself the principal and master, not a servant or agent, he alone is responsible Difficult questions arise in the application of this rule. Nice shades of distinction exist, and many of the cases are hard to be reconciled. Here the general management and control of the work was reserved to the company. Its extent in many particulars was not prescribed. How and in what manner the wharf was to be built was not pointed out. ”

“ Strong, J., holds the defendant not to be liable, and says, 'The defendants have no control over the men employed by the contractors or over the contractors themselves. They could not dismiss them or direct the work.' The cases are reviewed and the rule laid down as it is herein above stated. ”

“ It includes the possession of the wharf, the direction, management, and control of all the details of the work. It makes Carvin their agent and servant, receiving a larger or smaller compensation, as they may expand or contract his work.
The rule extracted from the cases is this: The principal is liable for the acts and negligence of the agent in the course of his employment, although he did not authorize or did not know of the acts complained of. [1] So long as he stands in the relation of principal or master to the wrongdoer, the owner is responsible for his acts. ”

“ Fox, [6] and Steel v. Southeastern Railroad Co., [7] are cited by the defendant. The first contains nothing in hostility to the suggestion made. In Steel v. Southeastern Railroad Co. it was held that the company was not liable for any injury done by the contractor, and the contract contained an authority to the company to superintend and direct the work. The case shows that the act which caused the injury was committed in violation of their orders. They expressly forbade the digging of a certain channel. ”