Capper v. Louisville, Evansville & St. Louis Railway Co.

The material allegations of the appellant’s complaint are these: “ Prior to the. 7th day of February, 1883, the plaintiff, being a laborer, entered into the service of the defendant to work and assist at removing loose and projecting pieces of stone from the sides and roof of a tunnel, and to place in the tunnel timbers and frames for bracing and *306supporting the sides and roof thereof, in the doing of all of which the plaintiff acted under the command and direction of one James O’Hara, who was the person appointed by the defendant as the general superintendent of the said work and the laborers…