McCafferty v. . S.D. P.M.R.R. Co.

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The defendant had the right to build its road in the place where it was located, and, hence, was not engaged in an unlawful enterprise. It let the contract to build the entire road to one Decker, and it seems that he subcontracted the whole or a portion of the work, and the blasting complained of was done by men employed by the subcontractor. Over these men the defendant had no control. It neither hired nor paid them, and could not control, direct nor discharge…