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NORTHERN PACIFIC RAILROAD v. CHARLESS

No. 184.

162 U.S. 359 (1896)

NORTHERN PACIFIC RAILROAD COMPANY v. CHARLESS.

Supreme Court of United States.

Decided April 18, 1896.

Attorney(s) appearing for the Case

Mr. C.W. Bunn for plaintiff in error.

Mr. Reese H. Voorhees for defendant in error. Mr. A.K. McBroom and Mr. L.H. Prather were on his brief.

MR. JUSTICE PECKHAM delivered the opinion of the court.

The plaintiff below was an ordinary day laborer employed under a section boss or foreman to keep a certain portion of the roadbed of the defendant in repair. The foreman had power to employ and discharge men, and to superintend their work, and was himself a workman. He employed the plaintiff, who, with the rest of the men employed in the gang — some four, five...

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