Northern Pacific Railroad v. Charless

The plaintiff below was an ordinary day laborer employed under a section boss or foreman to keep a- certain portion of the roadbed of the defendant in repair. The foreman had power to employ and dischargenien, and to superintend their work, and was himself a workman. He employed the plaintiff, who, with the rest of the men employed in the gang — some four,' five or six — was carried to and from his work daily on a hand oar worked by the men themselves.

In August, 1886, on the 28th of the month, an accident occurred as the men were on their way to their work. They were using a hand car with…