Miller v. Union Pacific Railway

McCrary, Circuit Judge.

The complaint avers, among other things, the following facts:

First—That the defendant contracted with plaintiff for his services as a carpenter, to work at his trade for defendant, and that *490by the terms of the contract plaintiff was to report to and work under the orders and instructions of a foreman, employed by the company to superintend and oversee the carpenter work of said company at a certain coal mine, situated on a branch line of defendant’s railroad, in Elbert county, Colorado.

Second—That plaintiff was directed to, and did, proceed to said coal mine, and there…