Chicago & Alton Railroad v. May

Sheldon, Ch. J., and Scott and Craig, JJ.,

dissenting:

We are unable to concur in the opinion in this case. The circuit court, at the instance of the plaintiff, gave the following instruction to the jury:

“That one servant of a corporation, to whom the corporation delegates the power of hiring and of discharging other servants, and in whom the corporation vests the sole control and direction of such other servants in and about the work which they may be ordinarily required to do, is, as to such servants w'hom he so hires, discharges and controls, the representative of the master, and is not a…