FELLOW-SERVANTS.
t.
such as to render the safety of one dependent, if the natural and ordinary course of things, upot the care and skill of the other.
Although the definition of fellow-servant state: above is sustained by the English decisions, b: those of our Federal courts, and by those of the great majority of our State tribunals, it has beet rejected in a few jurisdictions. There the viev has prevailed that the employees of a eoninno master are not to be deemed fellow-servants with in the rule relating to employers' liability unleso they are of equal rank. In these jurisdictions tho conductor of a railway train, accordingly, is no the fellow-servant of a brakeman; nor is tho superintendent of a mill, nor the foreman of t gang of laborers, a fellow-servant of those who an subject to his control. If a subordinate is in jutted through the negligence of his superior, tie master is liable for such injury.
In the other class of jurisdictions the master is not liable unless the net is one which he is undel an absolute legal duty to perform properly. Thin
legal duty binds the employer to provide for hi: employees a safe place to work; to provide sal: machinery and appliances; to formulate suitablo rules and regulations for the safe conduct of hi: business, if such rules are needed; to warn his em ployees of danger which they could not or woulc not ordinarily discover; and to provide suitabh superintendents and colaborers. If he delegate: either of these duties to an employee, no matte) what his grade or rank, the negligence or mis conduct of the employee in the performance o: that duty is in law the negligence or misconduct of the employer. For it he is liable to the in jured servant. Perhaps it should be added that the negligent servant is liable to the person in jured by his negligence, whether the latter is f fellow-servant or not.
Consult: McKinney. Treatise on the Law of Fellow-Serrants (Northport, 1890) ; Bailey, The Law of Master's Liability for Injuries to Ser. rants (Saint Paul, 1890,