Seymour Dwight Thompson.

Commentaries on the law of negligence in all relations online

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4414.

brakemen with coupling-sticks, 4415.
to equip cars with automatic self-couplers, 4416.
federal statute requiring use of automatic couplers, 4417.
various statutes relating to coupling devices, 4418.
sending out cars with defective hand-holds on them, 4419.
coupling cars marked "bad order," 4421.
injury by timbers projecting over end of car, 4422.
caused by defects in road-bed and coupling ground, 4425, 4426.
brakeman coming in contact with team standing near track, 4427.
operation of fellow-servant rule, 4429.
caused by operation of engine, 4430.
giving erroneous signals while at work, 4431.
coupling and uncoupling cars while in motion, 4432.
compelling inexperienced brakeman to make dangerous coupling,
4433.

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INDEX TO VOLUME FOUR.

{References are to Sections.]
INJURIES TO CAR COUPLERS— Continued,

employes attempting to make couplings outside the line of their

duty, 4434.
contributory negligence in making couplings, 4435.
instructions to jury in cases of, 4436.
coupling cars standing on repair track, 4437.
suffering unlocked and unblocked car to stand on down grade, 443S.
negligent failure to sufficiently man trains, 4439.
questions for jury in such cases, 4440.
imputed negligence, 4441.
injuries to third persons in coupling cars, 4442.

See Risks in Coupling and Uncoupling Cabs.

INJURIES TO MINE WORKERS,
See Liability of Mine Owners fob Injuries to Employes; Mines and

Mine Workers.

INJURIES TO MINOR SERVANTS,

grounds of recovery generally, 3822.

liability where minor employed without consent of parents or
guardian, 3823.

children employed without authority of master, 3824.

status of minors who falsely represent themselves of age, 3825.

liability for employing minors who are too young and inexperi-
enced, 3826.

status of minors employed contrary to statute, 3827.

minors engaged temporarily in service, 3828.

duty to protect child-servant from dangers, 3829.
to guard dangerous machinery, 3830.

various requirements as to care due minors, 3831.

when minor employe 1 is deemed to assume risk of the employment,
3832.

failure of master to conform to statutory requirements, 3833.
See Children. •

INJURIES FROM DEFECTS IN FOREIGN CARS,

duty in respect to cars received from another company, 4373.
of inspection positive and unassignable, 4374, 4375.

where there is constitutional mandate to receive car,

4379.
coupling devices, 4381.

manner in which such cars are loaded, 4388.
ordinary care in making inspection, 4376-4378.,
receiving company may break seals of foreign cars, 4380.
using foreign cars with different coupling devices, 4382.
defects which a reasonable inspection would not disclose, 4383.
both the sending and receiving company may be liable, 4384.
charging sending company for injury to servant of receiving com-
pany, 4385.
company not liable where employe 1 takes risk of defect, 4386.
care of foreign cars while on repair track, 4387.

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INDEX TO VOLUME FOUR.

[Reference* are to Sections.]
INJURIES FROM DEFECTS IN FOREIGN CARS— Continued,

no duty to inspect foreign cars received for mere purpose of un-
loading, 4389.
injuries received in shifting standard-gauge bodies upon narrow-
gauge trucks, 4390.

INJURIES FROM DEFECTS IN RAILWAY CARS,

liability for furnishing defective cars, 4360, 4361.

what plaintiff must show in order to recover, 4362.

facts upon which negligence has been ascribed in operating defect-
ive cars, 4363.

defects in cars brought into yards and not properly inspected, 4364.

facts upon which negligence not ascribed, 4365.

defects in oars on repair tracks, 4366.

bolt projecting too far from the bottom of a car, 4367.

evidence of negligence, proximate cause and instructions in these
cases, 4368.

federal statute requiring hand-holds on freight cars, 4369.

statute prohibiting use of defective cars, 4370.

various dangerous defects in, 4775.

risk of injury in handling defective or "crippled," 4789.

INJURIES TO RAILWAY EMPLOYES BY DEFECTIVE BRAKES, ETC.,
liability of company generally, 4393.
duty to use reasonable care, 4394.

of inspection, 4395.
latent defects, 4396.
defects must be proximate cause, 4397.

company must have knowledge and opportunity to repair, 4398.
failure of air brakes to work, 4399.
cases where company held liable, 4400.

not liable, 4401.
statute requiring brakes on certain cars in trains, 4402, 4403.
See Employers' Liability Acts; Lights, Flagmen and Signals; Load-
ing and Unloading Cars; Railway Yards and Switches; Work-
men's Compensation Acts.

INJURIES TO RAILWAY EMPLOYES FROM DEFECTIVE TRACKS,
rule as to "safe place to work" applies ^to railroad companies, 4253.
liability for injuries from defective tracks stated, 4254.
company not bound to adopt every new appliance, 4244, 4255.
effect of furnishing track as safe as those in general use, 4256.
duty to furnish safe track absolute and unassignable, 4257.
defective track and negligence of fellow servant concurring, com- ,

pany liable, 4258.
railway trainmen under no duty of inspecting track, 4259 v
. trainmen do not ordinarily assume risk of defective track, 4260.
care varies with increase or diminution of risk, 4261.
notice or knowledge of defect on the part of the company, 4262.



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INDEX TO VOLUME FOUR.

[References are to Sections.]
INJURIES TO RAILWAY EMPLOYES FROM DEFECTIVE TRACKS-
Continued,

care required of construction companies, 4263. -

in discovering and removing obstructions caused by
trespassers, 4264.
injuries to servants by derailments, 4265.
burden of proof and evidence in case of derailments, 4266.
failure to build a bumper at end of an inclined track, 4267.
objects falling upon the track, 4268.
tracks dangerously near main track, 4269.
side tracks dangerously near main track, 4270.
defects, dangerous to the feet of employes, 4271, 4272, 4273.
to which of two companies liability for defective tracks is ascribed,

4274.
construction and safety of logging roads, 4275.
cases where the companies were held liable, 4276.
liability for defects in switches, frogs, etc., 4325.
whether use of open and unblocked frogs is negligence, 4326.
statutes prohibiting use of open and unblocked frogs, 4327, 4328.
notice of unblocked frogs, 4329.
blocking frogs during process of construction, 4331.
unfilled spaces between ties in switch yards, 4332.
absence of butt-post at end of stub switch, 4333.
switch too near cattle guard, 4334.
care of snow and ice in switch yards, 4335.
switch-target on wrong side of track, 4336.
use of stub switch instead of split switch, 4337.
use of switches without locks or targets, 4338.
obstructions in switch yards, 4339.
derailments caused by imperfect switches, 4340.

where switches left open, 4341, 4342.
breaking of lever of railway turn-table, 4343.

INJURIES TO RAILWAY EMPLOYES BY MOVING TRAINS,
rules and regulations, 4450.
discretion of company as to moving trains, 4451.
changing the running time, .4452.
running trains in sections, 4453.

too close to each other, 4454.
sending out "wild" trains without notice to track repairers, 4455.
double-track, running train on wrong track, 4456.
breaking in two of train, 4457.

locomotive or train starting with a sudden jerk, 4458.
stopping suddenly and without warning, 4459, 4460.
allowing fireman to run locomotive engine, 4461.
obstructions on the track, 4462.
running train backwards, 4463.
pushing cars too suddenly against other cars, 4464.
attempting to move car which has got off the track, 4465.
failure to have lookout on rear of backing train, 4466, 4467.

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INDEX TO VOLUME FOUR.

IReferences are to Sections.}
INJURIES TO RAILWAY EMPLOYES BY MOVING TRAINS—
Continued,

lookout on engine, 4468.
running a train without a conductor, 4469.
conductor temporarily leaving train in charge of engineer, 4470.
failure of conductor to instruct brakemen before temporarily leav-
ing train, 4471.
cutting off cars, 4472.

making up train so lumber car is first car in train, 4473.
failure to keep a lookout ahead, 4474.
running down hand-cars and push-cars, 4475.
switchmen, 4476.
track repairers, 4478.
bridge watchman, 4479.

employes using railway tracks as pathway, 4480.
a train rapidly around a curve over section men, 4477.
right of engineer to assume that sectionmen will be on lookout,

4481.
employ^ struck by a man or an animal thrown from track, 4482.
injuries on tracks of another company, 4483.
when track repairers do not asume risk of being struck by, 4783.

INJURIES TO SEAMEN,

See Shipping and Navigation.

INJURIES TO SERVANTS THROUGH FAULTS OP OPERATION,
preliminary, 3804.

duty of master as to control and supervision of his own business,
3805.

to correct habitual abuse or non-use of appliances,
3806.
failure of master to furnish adequate help, 3807.
master adopting unusual or unsafe methods of work, 3808.
negligence in giving orders, 3809.

of a foreman of work in handling a pile driver, 3810.
operation of blast-furnaces, 3811.
oiling and cleaning machinery while in motion, 3812.

INQUIRY,

duty of master to make inquiry as to fitness of servant, 4885.

INSPECTION,

* See Duty op Inspecting and Finding Out; Factory Acts.

INSPECTORS,

must properly inspect, 3793.
whether fellow servant with brakeman, 5014.
conductor, 5014.
yardmaster, 5083.
servants of company in charge of passing train,

5014.
station agent, 5096.
of locomotive boilers and other employes, whether fellow servants,
5094.

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INDEX TO VOLUME FOUR.

[References are to Sections.]
INSPECTORS— Continued,

of trolley cars and street railway conductors fellow servants, 5098,
of "foreign cars" and other employe's not fellow servants, 5095.

INSTRUCTION,

duty of master to give, 3763.

negligence of servant employed to instruct other servants, 4930.
effect of disobedience of under employers' liability acts, 5279.
See Duty of Employer to Warn and Instruct His Servants.

INSTRUCTIONS TO JURIES,

in cases based on failure of master to warn servants of danger,

4086.
with reference to duty to make and publish rules, 4146.
where injuries caused by defective cars, 4368.

received while coupling cars, 4436.
in cases of railway collisions, 4516.
negligence of master in selection of unfit fellow servants, 4900.

INSUFFICIENT HELP,

risk assumed by working with, 4768.

of working with, 4829.
negligence of master therein commingling with negligence of fel-
low servant, 4860..
application of fellow-servant doctrine to failure to employ, 4865.
employment of ascribed to master and ^iot to fellow servant, 4868.

INSURER,

master not liable as, 3767, 4136.

is not as to competency of servant, 4048.

as to enforcement of rules, 4162.
miner owner is not, 4180.
railway company is not of its bridges, 4311.

is not of its locomotives, 4346.

INTERLOPERS,

See Volunteers and Intermeddlers.
INTERMEDDLERS,

See Volunteers and Intermeddlers.

INTERSTATE RAILROADS,

law governing in negligence cases, 3869.

INTOXICATED EMPLOYE,
• liability for injury to, 4549. '

negligence of master in selecting drunken fellow servants, 4882,

1 4891.

evidence of drunkenness, 4907.

INVITATION,

persons invited by servants to assist as fellow servant, 4983, 4985.

IOWA,

employers' liability act and construction thereof, 5294, 5295.

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INDEX TO VOLUME FOUR.

[References are to Section*.]

J
JOINT EMPLOYMENT,

distinction between and joint operation, 5006-5010.

JOINT OPERATION,

liability of railroad companies jointly operating, 3730.

distinction between and joint employment, 5006-5010.
JURY,

See Instructions to Juries; Questions or Law and Fact.



KANSAS,

employers' liability act and construction thereof, 5296.

KENTUCKY,

constitutional provision governing recovery for death by wrongful
act, 6297.

KNOWLEDGE,

effect of that of master of defects, etc., 3782.

master charged with that disclosed by reasonable inspection, 3794,

3795.
of one servant not imputable to a fellow servant, 4920.
of foreman is knowledge of master, 4961.
of master of negligence of vice-principal not material, 4984.

of incompetency of fellow servant, 4892.
constructive of master of unfitness of servant, 4893.
See Means of Knowledge; Notice.

KNOWLEDGE OP RISK,

when servant may assume that master has done his duty, 4654.
rule where servant knows but does not appreciate danger, 4652.
servant assumes risk of latent defects not discoverable either by

himself or by his master, 4653.
duty of servant to inspect, examine and find out for himself, 4649.
servant not under same duty to inspect as master is, 4650.
what servant is not required to find out and know, 4651.
when servant not presumed to have such knowledge, 4645, 4646.
sufficient that servant knew or with ordinary care could have

known, 464,7.
when a question for a jury, 4648.

when servant does not accept risk of unknown dangers, 4642.
rule where servant has same means of knowledge that master has,

4643.
when servant presumed to have knowledge of defect or danger,

4644.
proviso that servant has knowledge or means of knowledge of the

danger, 4640.

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INDEX TO VOLUME FOUR.

[References are to Sections,]
KNOWLEDGE OP RISK— Continued,

servant does not assume risk of unknown, unseen, latent or obscure

dangers, 4641.
continuing in service after knowledge of danger, 4657-4672.
See Servant's Knowledge of Risks; Service After Acquiring Knowl-
edge of Danger.



L
LABORER,

whether fellow servant with chemist in mill, 5209.
captain of "state boat," 5197.
conductor of construction train, 5014, 5033.
engineer of construction train, 5043, 5051.
fireman, 5234.
lumber yard boss, 5243.
mason he "tends," 5248.
section master, 5014.
LADDERS,

See Scaffoldings, Stagings, Ladders, etc.

LAPSE OP TIME,

notice of defects from, 3798.

LATENT DANGERS,

duty to warn servant of, 4059.

servant does not assume risk of, 4641, 4642.

what one's servant assumes risk of, 4653.

LATENT DEFECTS,

company liable for, 4396.

LAUNDRESS,

whether fellow servant of driver of laundry wagon, 5240.
elevator operator, 5221.
LAW OP PLACE,

governs as to liability for negligence, 3868.
See Conflict of Laws.
LEASED PREMISES,

liability of master for defects in, 3880.

LESSOR,

effect of negligence of with reference to an elevator, 3898.

LIABILITY OF MINE OWNERS FOR INJURIES TO EMPLOYES,
generally as to such liability, 4179.

mine owner not an insurer as to safety of his appliances, 4180.
injuries to miners from explosion of fire-damp, 4181.

caused by the falling of the roof of the mine, 4191, 4192.
from failing rock, coal, ore, etc., other than falling roofs,

4193.
by cars running into the shaft of a mine, 4196.
in "timbering" mines, 4197.
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INDEX TO VOLUME FOUR.

iReferences are to Sections.}
LIABILITY OP MINE-OWNERS FOR INJURIES TO EMPLOYES—
Continued,

statutory liability, 4182.

duty to ventilate mines, 4183.

requirement examination of mine each morning, 4185.
duty to provide adequate means of egress, 4186.

safe means of hoisting and lowering miners, 4187,

4190.
timbers for propping and shoring up, 4194.
place of safety on hauling roads and gravity roads,
4195.
as to ladders, scaffolding, etc., in mines, 4199.
of mine-owner to warn of danger, 4201.
to- cut separate manway for ingress and egress, 4205.
objects falling down shaft of mine, 4198.
caving in of shaft, 4200.

negligence with respect to streets and platforms, 4202.
of competent and fit servants, 4209.
of children in mines, 4210.
after the breaking out of a fire in a mine, 4204.
with respect to unexploded blasts, 4211.
electric wires not properly insulated, 4203.
employment of a mine boss or foreman, 4206.
who is "owner, agent or operator" within meaning of a statute,

4207.
failure to protect shafts and stairways by hand-rails, 4208.
proximate and remote cause, 4212.

ascertaining whether shaft is free from obstruction, 4213.
construction and repair of cages, 4214.
illustrative cases of liability, 4215.

See Mines and Mine Workers.

LIABILITY OP SHIP OWNERS TO THEIR SEAMEN AND OTHER
EMPLOYES,

See Shipping and Navigation.

LIABILITY OP THE MASTER,

See Duties and Liability of the Master.
LICENSEES,

liability to where injured on elevator in building, 3907.

LIFTING CRANES,

See Derricks.
LIGHTERMAN,

and crew of vessel as fellow servants, 5008.

LIGHTS, FLAGMEN AND SIGNALS,

duty of master to furnish and keep lighted, 3892.

to provide sufficient signals of danger, 4488, 4489.
of giving signals to car inspectors and car repairers, 4490,
4491.

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INDEX TO VOLUME FOUR.

IKeferences are to Sections.]
LIGHTS, FLAGMEN AND SIGNALS— Continued,

negligence in giving signals while coupling cars, 4430, 4431.

in failing to give signals and in giving erroneous signals.
4495.
, in not waiting for the proper signal, 4497.

of persons in control, employers' liability acts, 5286.
sending back flagman to warn following train, 4492.
danger signals when train stops, 4493.
railway signals for use during' fogs, 4494.
signals by unauthorized person, 4496.

city ordinance requiring ringing of bell extends to servants, 4498.
failure to obey ordinance requiring bell to be rung, 4499.
using an engine bell that is cracked and defective, 4500.
absence of headlight, 4501.

of other lights on trains or cars-, 4502.
moving a gravel train without notice or warning to men at work

upon it, 4503. I

giving a signal by shouting instead of by bell or whistle, 4504. j

failing to place a flagman at an open switch, 4505.
engineer as fellow servant, 5229.
engine backing through yards without giving, 4519.
signal man and employe on train going to work as fellow servants.
5014.

on street railway and grip men as fellow servants, 5142.

LINE OF DUTY, j

See Servants Acting Outside Scope of Their Duties.

LOADING AND UNLOADING CARS,

liability of railway company for furnishing defective appliances for.

4533.
negligence in loading cars, 4534.
injuries to employes from improper loading of cars, 4535.

from negligent manner of loading and* operating a logging

train, 4536.
in operation of loading and unloading railway cars, 453S. j

section men struck by coal falling from tender, 4537. '

loading a car in which an express-guard travels, 4539.
running down workmen engaged in, 4540. j

various injuries received in connection with, 4541. '

LOAN OF EMPLOYE.

application of fellow-servant doctrine to transaction, 5005.

LOCOMOTIVE BOILERS,

inspectors of and other employes not fellow servants, 5094.
liability of company for furnishing defective ones, 4346.
company bound to what inspection of, 4347.
allowing them to become defective and unsafe, 4348.



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INDEX TO VOLUME FOUR. ,

[References are to Sections.]
LOCOMOTIVE ENGINE,

defective step on locomotive, 4349.

hand-rails and grab-irons, 4350.
grease on top of steam-chest, 4S51.
no sand in dome, 4352.
engine without sufficient power, 4353.
steel sliver on drive-wheel, 4354.
valve stem of tender out of order, 4355.
number plate on engine not securely fastened, 4356.
various defects in, 4357.
negligence in allowing fireman to run, 4461.
what is under employers' liability acts, 4567.
assumption of risks of defects in, 4765.
risk assumed from its being improperly manned, 4767.
various dangerous defects in, 4775.

See Engineers; Fibemen.

LOGGING RAILROADS,

construction and safety of, 4275.

whether employers 1 liability acts apply to, 5313.

LONGSHOREMAN,

and foreman of stevedore as fellow servant, 5191.

LOOK OUT,

duty to keep on backing trains, 4466, 4467.

LUMBER CAMP,

foreman of log train operator as fellow servants, 5241.

LUMBER PILER,

and lumber scaler as fellow servants, 5242.

LUMBER SCALER,

and lumber piler as fellow servants, 5242.



M

MACHINERY, TOOLS AND APPLIANCES,
duty of master as to, 3760.

to provide reasonably safe ones, 3986.

primary and unassignable, 3988.

to care in proportion to danger, 3992.

keep in reasonable state of repair, 3768, 3781, 3995.

not to supply those inherently or obviously dangerous,
3997.
oiling and cleaning while in motion, 3812.
judicial statement as to duty of master, 3987.
degree of care demanded of master concerning, 3989.
the "reputable manufacturer" doctrine, 3990.
ordinary use as a test of suitableness of, 3991.

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INDEX TO VOLUME FOUR.

[References are to Sections.]
MACHINERY, TOOLS AND APPLIANCES— Continued,

master not bound to provide safest and best, but only such as is ii

common use, 3993, 3994.
effect of long use without accident, 3996.
standard by which to guage safety of, 3998.
mode of use committed to servants, 3999.
effect where servant uses for purpose not contemplated or intended,

4000.

of negligent use of by fellow servants, 4001.
dangerous if improperly used, 4002.
rule where servant selects insufficient when master has provided

sufficient, 4003.
lack of suitable appliances, 4004.
defects or dangers suddenly appearing, 4005.
injuries through sudden starting of machinery, 4006, 4007.
effect of master's assurance that an appliance is safe, 4008.
employer need not own the dangerous machine by which empleyS

is injured, 4009.
temporarily removing safety appliances, 4010.
various defects with respect to which negligence has been imputed

to master, 4011.
cases where there was evidence of negligence to charge employer,

4012.
injuries where employer was exonerated, 4013.
assumption of risk of exposed machinery, 4704.

of injury from, 4708-4710. *

distinction between construction and operation under fellow-serv-
ant rule, 4850.
repair and inspection of absolute duty of master, 4926.
liability for defects under employers' liability acts, 5288.
See Appliances; Duty of Inspecting and Finding Out; Unguarded asd
Unfenced Machinery.
MACHINE OILER,

and engineer of boat as fellow servants, 5183.

MACHINIST,

and laborer on dock as fellow servants, 5198.

and one called to assist him as fellow servants, 5244.

MAST CRANES,

injuries caused by, 4293.

risk of injury by coming into contact with, 4759.

MAKER-UP OF TRAINS,

whether fellow servant of brakeman, 5138.

MALICIOUS ACTS,

of employer under employers' liability acts, 5289.

MAN-TRAPS,

duty of master to guard, 3888.

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INDEX TO VOLUME FOUR.

[References are to Sections.]
MANAGEMENT,

See Control.
MARINE APPLIANCES,

injuries caused by defective, 4220.

See Shipping and Navigation.
MASON,

whether- fellow servant with carpenter, 5245.
ditch digger, 5246.
hod carrier, 5247.
"tender," 5248.
MASTER,

personal negligence of, 3764..
when has action over against his servant, 3870.
right to rely on performance of duty by, 3951.
assuring servant that working place is safe, 4664.
See Assumption of Risk; Duties and Liabilities or the Master.

MASTER AND SERVANT,

See Relation of Masteb and Servant.

MASTER MECHANIC,

whether fellow servant with engineer, 4978.
fireman, 5014.
other employes, 5119.
See Superintendent.
MASTER OP VESSEL,

whether fellow servant with engineer, 4978.
mate, 4978, 5181.
member of crew, 5179.
See Shipping and Navigation.

MATE OP VESSEL,

whether fellow servant with crew, 5182.
master, 4978, 5181.
See Shipping and Navigation.
MAXIMS,

volenti non fit injuria, 4612.

MEANS OF KNOWLEDGE,

equal to knowledge, 4640.
rule where servant has same as master, 4643.
See Knowledge; Notice; Servant's Knowledge of Rules.

MEDICAL AID,

duty to furnish to seamen, 4237.

whether master under obligation to procure, 3838, 3839.

METHODS OF WORK,

when servant assumes ripfc of, 4628.
assumption of risk where servant adopts dangerous, 4629.
effect of employers' liability acts in the ways, works, and machin-
ery, 5288.

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INDEX TO VOLUME FOUR.

[References are to Sections.]
MEXICO,

employers' liability acts and construction thereof, 5298.

MICROBES.

risk of injury from, 4836.

MILESMAN,

and traffic manager fellow servants, 5014.

MILLrHAND,

and carpenter as fellow servants, 5203.

MILL OPERATOR,

and millwright 'as fellow servants, 5250.

MILL SUPERINTENDENT,

and spinner engaged in common employment, 4978.

MILLWRIGHT,

and mill operator, 5250.

MINES AND MINE WORKERS,

duty to warn and instruct. 4114. '

of mine owner, as to employment of mine boss, 4206.
to make inspections, 4809.



Online LibrarySeymour Dwight ThompsonCommentaries on the law of negligence in all relations → online text (page 163 of 165)