Walker Coal & Ice Co. v. Westerman

The plaintiff, a Massachusetts corporation, is engaged in the selling of ice at wholesale and retail in the city of Worcester, and employs a large number of drivers who distribute ice to its customers in that city. It also sells ice at wholesale to peddlers of ice, in Worcester. The defendant had been in the employ of the plaintiff at various times since 1917 as a “striker.” His work was to carry ice for the driver of the ice wagon, the wagon being in charge of a man known as a “driver.” In the spring of 1923, the defendant was assigned by the plaintiff to a route as driver, and he continued…