Oliver Wendell Holmes, Jr.

“ The man in charge of the transportation directed the plaintiff to go and help to get a boiler, which, after asking the chief engineer for leave, he did. When they got to the boiler there were not enough machines to haul it, so that they had to return to the Central. On the way the driver seems to have been more or less drunk, and negligently, it must be assumed, upset the machine.
Whether the plaintiff was in the general employ of the defendant, as he seems to have been, or not, the service that he consented to render was the defendant's work. ”

“ The evidence showed that the machine was driven by a servant of the defendant, so that it appeared in proof that the plaintiff was suing for an injury caused by a fellow servant, as is to be inferred from the face of the declaration itself. ”

“ If a master were liable for injuries caused by the negligence of a fellow servant there would be no need of enacting that he should be liable for such injuries in specific cases, as the statute does, and no sense in the provision of § 10, that the act shall not apply to injuries caused to domestic servants, or farm laborers, by fellow employees. ”