McTaggart v. Eastman's Co.

Fitzsimons, Ch. J.

The testimony clearly shows that, although the plaintiff and James Murphy were both employed by defendant, yet they were not in the same common employment; they were servants of defendant, but were not fellow servants; the defendant’s driver, Murphy, was employed by it as a driver of one of the wagons used by it in the meat business which it carried on; desiring to extend their business premises, it employed masons and hod-carriers to erect the necessary brick walls of the new addition-to its premises. Plaintiff was one of the hod-carriers so employed, and while employed in…