Churchill v. Stephens

The opinion of the court was delivered by

Swayze, J.

The plaintiff was employed in the shop of the Tietje & Lange Dry Dock Company. The defendant was foreman or superintendent of the shop. There was uncontradicted evidence from which a jury might infer that if the plaintiff did not do what the defendant told him, he would be discharged. The accident happened while the plaintiff was assisting about a rudder. He had come to this work from bis own particular job at the request of one Thompson and in accordance with the custom of the shop; Stephens was absent at the time. The rudder was held by…