Swift & Co. v. Bleise

Hastings, C.

Thirty-seven assignments of error are made in this case. Comparatively few of them, however, are urged by counsel, and only those will be considered. The first is that the petition does not state a cause of action, for the reason that it is nowhere alleged that the foreman, Fred Apel, had authority or control over the plaintiff, or that it was any part of his duty to operate the elevator in question. The defendant company says that such an allegation Avas necessary to disclose a right of action against it. The plaintiff’s claim in this action is that he was ordered by the…