authority to demand to ban one of halters employees for violating safety rules different from north forks authority to remove the trespasser well i think it's  of appeals opinion in campbell vs be an ass railroad where the court held that an agreement that did require the contractor to have background checks and employees were present in the area or had any sort of interest whatsoever of what hustler was doing its own equipment finished doing their job at the  indication of supervision why is that not an indication of supervision telling people what to listen under and the williamson factors are under williamson the rd circuit held that the primary place of the work cut in favor of norfolk and specifically here with regard to these factors at the time of this incident at all the accident occurred because wheeler received instructions from another harshly chris davis as to prong number three williamson norfolk did not have received information and instructions from a hustler supervisor at the time of his injury and he was instructed by chris davis the operator of the calif the norfolk is a question for the jury he is mistaken the courts including this court have to terminate whether a worker is a railroad employee or under a view look should be left where the jury only and only when reasonable minds can reach different conclusions as to who was the employer the appellant has also warned you that district or court erred because it plays too much emphasis one williams will continue the lower court didn't take into consideration the subtle exercise of control that we  norco does not supervise nor folk does not provide much for with any instructions and another factor under the collins court looked at as norco did not have the railroad unlike union pacific and collins norfolk did not control and dress or eat grass at to re animate sides both hunter and brown the norfolk employees  public belt and morris where the eastern district determined that summary judgment was appropriate because morris cannot be considered an employee of a new orleans public belo railroad of norfolk under section nineteen the contract states that all matters to be performed by herschel or shall be its own separate business separate management seventeen point two of the contract to be found on page one hundred and two of the record address the areas of control and direction and state your folk personnel shall remain held just because a contract or provide some work that could be considered what a railroad does does not make that employee or the eastern district of louisiana determined that granted that only factor for example factor five or williams and realm and had been fully completed when we were was injured at the time your folks had no interest and how much were errors to leave willers declaration did not present any evidence to the court that nor hope had any direct control over him besides wheeler's declaration the any other time specifically preston horner nor folks row your master said he did not have any personal knowledge about the accident at all he did not even know about the and that he never instructs hush or similarly stacy brown the general foreman did not remember the duran he did know about the accident until shortly before the under telling you verses so there were so if a company the actions of stopping a worker from doing something that is unsafe is the type of global oversight that the law allows and not sufficient to establish control mr brown also testified in his deposition that yes he would tell a harsh employee to stop if they were doing something  a jury find this is judge parker could a jury could a jury find that the skill required for wholesalers occupation is also a skill that if everyone if all of the employees it also there were sick or went on strike could norfork really rail trains yes the contract allows  folk to hire someone else hire another car to reroute the trains so that that is not an issue at all it's clear in the contract good north folks own employees we wail trains they they are they probably could there is a mechanical department that they do have that they have chosen to get a labor group