Mejea v. Whitehouse

OPINION OF THE COURT BY

BALLOU, J. ,

Defendant ivas a contractor engaged in building the Nuuanu dam under contract- with the Territory. Plaintiff was a laborer engaged in pick and shovel work and at the time of the injury *160which gave rise to this action was working in a gang under James Howatt, who was assistant government engineer representing the Territory in the inspection of the work. It is not clear from the evidence how Howatt came to be temporarily in charge of the gang of workmen. In excavating a perpendicular bank of earth plaintiff was directed by the foreman to take the earth from the…