Oliver Wendell Holmes, Jr.

“ In the case of a similar accident occurring under the same law, the supreme court said: 'The duty of inspection, prevention, and removal of any accumulation of gas is imposed on the coal company. This duty is personal, and cannot be delegated. . . . The gas tester, under the facts in this case, was not a fellow servant with the plaintiff. He was the representative of principal duties of the defendant.' The refusal of the instruction that the gas tester was a fellow servant with the plaintiff, a miner, was upheld. ”

“ In all mines where fire damp is generated, every working place shall be examined every morning with a safety lamp by a competent person, and a record of such examination shall be entered by the person making the same in a book,' etc. ”