Muench v. Cincinnati Traction Co.

The principal question raised upon this motion relates to the doctrine of superior as contrasted with fellow-servants.

The evidence on behalf of plaintiff tended to show that he was at work as a “helper” to Roland, the boss carpenter, in putting in a new stringer to support the track across a drain excavation, and was under his control and direction; that in doing said work it was necessary to stand in said excavation astraddle of the track and stringer to tamp in the foundation stones with a sledge hammer, and that to do said work it was necessary to bend over and downwards in such a position…