Indiana Supreme Court February 18, 1892, No. 15,533 (Justice v. Pennsylvania Co.)

Coffey, J.

The material facts alleged in the complaint *322in this case are, that on the 9th day of May, 1888, the appellant was in the employ of the appellee as a section hand, with a gang of four other men, engaged in the repair of appellant’s railroad track, of which gang one McCleary was foreman; that it was the custom of appellee to delegate to such foremen as were in its employment the