“ It is the fault of Gerraghty, because he had no business that night to abandon the oversight of the rope in the condition in which it was when he saw it.
'The defendant says, on the other hand, that untwisting of spliced ropes is a common occurrence in the course of this business; that there is no danger from untwisting, if precautions are taken to retwist; and that when Gerraghty told O'Brien to look out for the rope, and retwist it, he had intrusted a simple matter to O'Brien which did not demand the exercise of much thought, and that Gerraghty had then done all that was his duty to do. ”

“ As a general rule, the law does not impose upon employers a liability for injuries to servants which happen by the negligence of co-servants engaged in the common employment in which the injured party is engaged, although the negligent servant may be of a grade superior to that of the injured person, or his foreman in the common business. ”

“ The coal was shoveled into tubs in the hold, and the loaded tubs were lifted to the deck by hoisting gear operated by steam-power. Carey's business was to attach the loaded tubs to the hoisting rope, and to detach the descending empty tubs from the hoisting rope, and to guide them to the shovelers. The rope, which was lifting a full tub, parted or broke. The tub of coal fell upon the plaintiff's leg, and caused a compound comminuted fracture. Carey was carried to the hospital, where he suffered very great pain for about five months. His life was in very great danger. ”

“ That in the management and operation of the hoisting apparatus, Gerraghty and O'Brien were the fellow-servants of the plaintiff.
' (2) That if there was negligence on the part of O'Brien and also of Gerraghty, in the operation of the hoisting apparatus, and the use of the fall which parted, and the plaintiff's injury resulted from such negligence, or that of either of them, they being his fellow-servants he cannot recover against the defendant, whether the plaintiff was guilty of contributory negligence or not. ”

“ That the duty of the company to its employes is discharged when its agents, whose business it is to supply the apparatus, exercise due care in the purchase thereof, and keeping it in a reasonably safe condition for use. ”

“ Craven, warned the workmen not to stand in the hatchway because there was danger of falling tubs, but because there was danger of falling lumps of coal, which might be jostled from the tubs in their ascent ”