Page:Federal Reporter, 1st Series, Volume 2.djvu/445

 i88 FEDERAL REPORTER. �tute a famîly is oftentimes, perhaps always, to be decided in the manner in which they live, which is, as before stated, a question of fact. �The most comprehensive definition of a family is, a num- ber of persons who live in one bouse and under one manage- ment or head. There is no specifie number required to constitute a family; but they must live togetber in one house and under one head. Nor is it necessary they should eat in the house where they live. There are many familles, it is well known, who live in one place and eat outside of it. Nor was it necessary that they should be employed in the house or about it ; nor was it material that they were hired. The precise question is, were they living there together, under one head or management ? This is one of fact and not of law. �The evidence tended to show that these two men lived at the Oceanic; that they were in the employ of the plaintifif, and under bis direction, control and management. He owned the house in which they abode — not as tenants, but as serv- ants or employes. It could not be decisive of the question, as matter of law, that the wife and sons of the plaintiff lived at Somerville, and that he passed most of bis time there. He was often at the Shoals, and stayed at the Oceanic when there. Many persons bave residences in town, and at the seaside or mountains, or in the country, at the same time, and may be said to live in both places ; they bave their serv- ants and employes at both places. �The court could not instruct the jury, as requested, that the two laborers would not be a part of the plaintiff 's family, under these circumstances ; the evidence rather tended to show the eontrary — that they were a part of bis family ; he so testified. �Nor could the court instruct the jury, upon ail the evidence, that they would not be warranted in finding that the war- ranty had been complied with, as there was evidence tending to show that the defendants' agent, who contracted the Insur- ance, knew how the house was occupied, and was satisfied with it, and this evidence might be weighed by the jury in determining whether the defendants knew how the houae was ����