ENTREPRENEUR.—CORPORATION.—DOMMAGES

Cour DE CircuiT, Montréal, 6 juin 1873.

Présent : MACKAY, J.

THIBODEAU vs CITY PASSENGER RR. Co.

Jugé : Qu’un entrepreneur à l’année, qui fait des travaux, comme tel, pour une corporation, est seul comptable des dommages qu’il cause, et que la corporation n’en est pas responsable.

It appears that a contractor named Smith is engaged, by the year, to make all repairs on the track of the City Passenger RR. Co. While the levels were having repaired in Saint- Joseph street, in april last, a laborer, in the pay of Smith, broke a valuable pane of glass in the shop window of a Mr Thibodeau. The latter brought suit against the City Passenger RR. Co. His honour said that he was compelled to give judgment against plaintiff. The action, he continued, should have been brought against the contractor Smith ; in all such cases, where private parties are injured or sustain damages, redress must be sought from the person who immediately does the damage, or him in whose service is the man who does it in doing the work appointed to him. (4 R. L, 654.)