
    *LOWRY v. BUTTON.
    Hiring out a minor, by one in whose employ he is.
    Where a minor is living with an adult under his control, and a third person hires his service from the employer, the minor is prima facie the servant of the adult, and the person hiring the service cannot call upon the person from whom he hired to show his right to. the service in the first instance, the contract admits that.
    Error to the Court of Common Pleas. The writ below was assumpsit itpon the special promise of the defendant, for the hire of a boy then living with the plaintiff,'.’under his control, though he was neither his parent nor guardian;1: The court below instructed the jury that the plaintiff was not entitled to recover, unless he could show a legal right to the services of the boy, and that the mere fact of his residing with him under his control, did not, with the contract of hire, constitute a right to recover. Judgment was for the defendant, and to reverse it for the error in the charge of the court, this writ is brought.
   BY THE COURT.

The boy was living with the plaintiff, and xxnder his control; he was prima facie his servant. As such, he had a right to hire him out. The person contracting with the employer, and receiving the benefits, cannot call upon the person with whom he made his contract to show the right. The court erred, and the judgment must be reversed with costs and remanded for further proceedings.  