Weir v. Watkins

The defendant, who was a contractor engaged in building a road at East Kingston, employed the plaintiff to drive a team and to assist in loading and unloading his cart. The plaintiff’s evidence tended to prove that the work was in charge of the defendant’s two sons, John and Thomas. John was in charge of running the stone crusher and of the work about it. Thomas was in charge of the work at the gravel pit,, and also at the places from which the stones were taken.

On the day of the assault the plaintiff was engaged in hauling stones from across the road to the stone crusher. There was a…