Middleton v. Kansas City, St. Joseph & Council Bluffs Railroad

This case was originally brought before a justice of the peace, where the plaintiff obtained judgment, and the cause being removed to the circuit court, a trial was therein had, and the judgment was again for the plaintiff. The action was for the price of digging a well by the plaintiff and others for the defendant; and the question turned exclusively upon the fact, whether plaintiff was ever employed by the defendant to do the work. It appeared, that one Shoemaker let out,, *580the contract for the digging of the well, and one of plaintiff’s witnesses testified that Shoemaker was acting as…