137 Mich. 482 | Mich. | 1904
(after stating the facts).
“ As trainmaster I have supervision over the station agents of my division in the handling of cars for trains. I am acquainted with the manner in which agents obtain cars for their customers. The station agent determines, what sort of a car shall be delivered to a customer who wants one. The customer applies to the agent, and the agent orders the kind of a car he wants from the car distributor. If the agent wanted a stock car for sheep, he would not specify to the car distributor that he wanted it to put sheep in. He would simply order a single or double deck stock car for a given destination. If he wanted a rack car, he would not specify to the car distributor what kind of wood he wanted to put in it. It appears that on the day on which plaintiff was injured a- rack car loaded with mill refuse was shipped out of Reed City. The agent at Reed City determined what kind of a car should be used for that purpose. If he had chosen to order a box car, or a gondola, he could have obtained it.”
Under this record the defendant intrusted its station agent to .select proper cars for the transportation of property over its road. The authority of a station agent is; very extensive. His actions and contracts in all things within the scope of his authority bind the company. L Wood on Railroads, § 165.
It is established by the decisions of this court that the primary duty to provide cars, etc., reasonably safe- and in reasonably good condition for the purposes for which they are to be used, is one which cannot be delegated. Thomas v. Railroad Co., 114 Mich. 59 (72 N. W. 40); Sheltrawn v. Railroad Co., 128 Mich. 669 (87 N.
Some errors are assigned upon certain portions of the charge of the court. They are, in the main, controlled by what we have already said. Considering the charge as a whole, it was a correct exposition of the law, and we think there is no occasion for holding that the jury were misled by it, although in one instance a sentence standing by itself is not strictly correct.
Judgment affirmed.