Ferragino v. McCue's Dairy

The opinion of the court was delivered by

Case, J.

Prosecutor was engaged in the retail milk business. It is a close corporation, operated by the McCue family —the father and his two sons. Ferragino was employed by prosecutor at and about its place of business. His hours were not fixed, although he usually worked from seven o’clock in the moaning until five in the afternoon; sometimes he got through at two or three o’clock, sometimes at six or seven. His duties were not nicely defined. He did what he was told to do. On occasion he was ordered to do, and did, work which had no obvious connection…