v.
The B., C. R. & M. R. Co.
We do not deem it necessary to discuss and decide the question whether it is essential to the right of the plaintiff to recover for personal injuries caused to him through the negligence of a railroad company, that the relation of master and servant should exist, since, as we under [*249] stand the allegations of the petition in this case, this relation is shown to have existed. The effect of these averments is, that by virtue of an arrangement or agreement between the plaintiff and the two railroad companies named, it was the duty of plaintiff to switch and couple and uncouple the cars of both railroads; that although he was in the general employment of the Chicago & Northwestern Eailway Company, he was jointly paid by both companies, and it was his duty and a part of his work and employment to perform certain services for the defendant; that at the time of performing these services he was injured by reason of the negligence of defendant. While engaged in performing this service for the defendant, with the knowledge and agreement on its part that plaintiff should perform this service and for which defendant agreed to and did pay, plaintiff was the servant of defendant. lie was performing services for defendant under an agreement that he should do so, and for which the defendant was to and did pay.
[*250] We do not think the case of Winterbottom v. Wright, 10 Mees. & Wel., 189, cited by appellee,.is in point. The cases are entirely different. Nor is our conclusion herein inconsistent with the other authorities cited by appellee.
Reversed.