Smith v. . Ritch

This was an action for actionable negligence brought by plaintiff against defendants. Plaintiff is a carpenter of twelve years experience, and was employed by defendants to help build an apartment house for which defendants had the contract. C. A. Hamilton was foreman in charge of the work. Plaintiff was working under him. Defendant, M. R. Ritch, as to the foreman's authority, testified, "They could either do what he told them or quit." He was engaged in applying storm-sheeting, or sheathing.

The material testimony of plaintiff is as follows: "Thompson and I started storm-sheathing and they…