David Josiah Brewer

“ It was further declared that 'the danger from the negligence of one specially in charge of the particular work is as obvious and as great as from that of those who are simply coworkers with him in it; each is equally with the other an ordinary risk of the employment,' which the employee assumes when entering upon the employment, whether the risk be obvious or not. ”

“ He must exercise proper diligence in the employment of reasonably safe and competent men to perform their respective duties, and it has been held in many states that the master owes the further duty of adopting and promulgating safe and proper rules for the conduct of his business, including the government of the machinery, and the running of trains on a railroad track. If the master be neglectful in any of these matters, it is a neglect of a duty which he personally owes to his employees, and if the employee suffer damage on account thereof, the master is liable. ”

“ Rep. 914, that an engineer and fireman of a locomotive engine running alone on a railroad, without any train attached, when engaged on such duty, were fellow servants of the railroad company; hence, that the fireman was precluded from recovering damages from the company for injuries caused, during the running, by the negligence of the engineer. In that case it was declared that: 'Prima facie all who enter the employment of a single master are engaged in a common service, and are fellow servants. ”

“ The servant does not undertake to incur the risks arising from the want of sufficient and skilful colaborers, or from defective machinery, or other instruments with which he is to work. His contract implies that, in regard to these matters, his employer will make adequate provision that no danger shall ensue to him.'
In Northern P. R. Co. ”