Melville Fuller

“ But, assuming the evidence as to the other branch of the case to have been unchanged, we are not prepared to concede that the decision of the supreme court of Michigan proceeded upon the proposition that defendant must necessarily be absolved from negligence because all its employes, including plaintiff, were, as matter of law, fellow servants with those who should have kept the planking in good condition, as that proposition is untenable. ”

“ The master is not to be held as guarantying or warranting the absolute safety under all circumstances, or the perfection of the machinery or apparatus which may be provided for the use of employes, but he is bound to exercise the care which the exigency reasonably demands in furnishing such as is adequate and suitable, and in keeping and maintaining it in such condition as to be reasonably safe for use. ”

“ Ct. 99, an action had been brought upon a life insurance policy in the state court, and a nonsuit had been granted on the defendant's motion. A new action was subsequently instituted in the circuit court of the United States for the southern district of New York, and upon the trial the court was requested to direct a verdict for the defendant, because the former judgment was a bar, and the defendant afterwards objected to the introduction, by the plaintiff, of certain evidence, because the question to which the evidence related had been tried and determined in the former action. ”