Wilson v. Morris & Co.

Hobart, District Judge.

This is an action for damages brought by appellee against the appellant and one Kennedy. The verdict was against the appellant company and in favor of the codefendant Kennedy.

One' of the issues on the trial was the question whether the relation of employer and employee existed between the two defendants. This question was submitted to the jury by adequate instruction and was by the jury resolved in favor of the plaintiff. After an examination of the evidence we cannot say that it is insufficient to support such finding, and in accordance • with the settled rule it will…