Myles v. Ballston Terminal Railroad

The plaintiff wrought 69 days as a laborer in the construction of the defendant’s railroad in October, November, and December, 1897, supposing that he was in the employ of the defendant, which he now sues for his wages. The trial court nonsuited the plaintiff, holding that he was not in the employ of defendant, but of one Cox, an independent contractor for the construction of the defendant’s railroad. The defendant in 1896, and up to June, 1897, was engaged in the construction of its railroad near Ballston Spa, Saratoga county, and the plaintiff had been in its employ as a laborer for several…