George Shiras, Jr.

“ Assuredly, more evidence must be given than the mere fact that the second train was a 'wild' train, not running on schedule time, to justify an inference, by either court or jury, that the conductor was relieved by such fact from regarding the rules of the company regulating the running of its train. ”

“ When any section of a train is unable to make the specified time, the conductor will drop a man, with danger signals, to warn the following train. It is the duty of the conductor of every train, when the train stops for any cause, to immediately protect the rear end of his train as per rule 133. ”

“ There is no effort to call into question the numerous decisions of this court whereby it has been firmly established that one who enters the service of another takes upon himself the ordinary risks of the negligent acts of his fellow servants in the course of the employment. ”