ROSE, Circuit Judge.
The parties here occupy the same positions as they did below, and Earney, the plaintiff in error, will be referred to as the plaintiff, and his adversary, Wardrep, as the defendant.
In the spring of 1923, the defendant was constructing various state highways in North Carolina. The plaintiff was in his employ as a superintendent or supervisor of labor on one of these, and while so engaged went into South Carolina to get laborers to work...
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