St. Louis, Iron Mountain & Southern Railway v. Bennett

The appellee furnished board to employes of the railway, and, failing to receive his pay, sued the railway therefor, claiming that the roadmaster of the company had employed him to board the men for the company. There was a jury trial, and a verdict and judgment for the plaintiff. The railway insists that the proof fails to show that the roadmaster was authorized to charge it by contract for the purpose. We quote all the proof upon that point: It was that the company’s roadmaster had “made contracts to board section men all along the road ; ’ ’ and that it was ‘ ‘the custom of railroads in…