Stanley Matthews, Northern Pacific Company v. Mares…
“ The court thereupon, at the request of the plaintiff's counsel, instructed the jury as follows: 'That sound sense and public policy require that railroad companies should not be exempt from liability to their employes for injuries resulting from the incompetency, negligence, or carelessness of co-employes, when, by the exercise of proper diligence, such injuries might be avoided.' To which the defendant, by its counsel, duly excepted. ”
