Rufus Wheeler Peckham

“ The language of the court does not separate the question of general negligence in running a hand car which was in good order, too fast, from that which might be negligence with reference to running a hand car with a defective brake at the same rate of speed. ”

“ In the Hambly Case it was held that a common day laborer, in the employ of a railroad company, who, while working for the company, under the orders and direction of a section boss or foreman, on a culvert on the line of the company's road, received an injury through the negligence of a conductor and of an engineer in moving a particular passenger train upon the company's road, was a fellow servant with such engineer and with such conductor, in such a sense as esempts the railroad company from liability for the injury so inflicted. ”

“ For using in a negligent manner a defective appliance furnished by the master, the latter might be liable, if a coemploy e were thereby, and in consequence thereof, injured. As the master furnished the defective appliance, it would be no answer to say that it was negligently used. But, on the other hand, the master would not be responsible for the negligent use of a proper appliance. ”