Page:Federal Reporter, 1st Series, Volume 4.djvu/193

 1IA.S0N ». CLIPFORD. 179 �car, Tintil such tîme as a new side-track to said mill shall be completed. After the completion of said side-track said load- ing to be done by the said Dodge, and included in said amount to be paid for manufacturing said shingles. �"It is further agreed by and between said parties that said Clifford shall remove, or cause to be removed, ail slabs and refuse timber from the grounds of said mill, so that the amount of said slabs and refuse timber on the grounds of said mill shall not at any time exceed 10 cords. �"It is further agreed byand between said parties that said Clifford shall -take an account of ail shingles manufactured during each week at the end thereof, and shall credit said Dodge with the amount; and it is further agreed by and between said parties that said Clifford shall settle with said Dodge on the first day of each month, and shall at that time pay said Dodge the amount due for manufacturing said shingles at the priee above stated. �"It is further agreed by and between said parties that said Clifford shall furnish to said Dodge good and suitable log» for shingles to be manufactured as aforesaid, said logs to be delivered in the mill boom by said Clifford, and that said Clifford shall keep said mill in good running order, and fur- nish logs as aforesaid in sufficient number to keep said mill running during the running season of 1877. �"It is further agreed by and between said parties that ail shingles less than four inches, clear from knots in butt, may be packed and sold by said Dodge for his separate use and benefit, or said Clifford shaE have the right to take said shingles, less than four inches clear, by paying said Dodgô 25 cents per M. for manufacturing good shingles." �It appeared from the evidence that Dodge, at the time of the accident, was running the defendant's mill under this con- tract without any personal interference or control by the de- fendant; and the sole question is whether the effect of the contract is to give possession and control of the mill to Dodge, as lessee or otherwise, so as to make him liable and relieve the defendant ; or whether Dodge is the agent or servant of Clifford, 80 as.to reuder Clpord liable for Dodge's negligence» ����