William Henry Moody

“ The presiding judge refused to instruct the jury as requested by the defendant, that the engineer and the section foreman were, respectively, fellow servants of the plaintiff, and that, if the injury occurred through the negligence of either, the plaintiff was not entitled to recover. We think these instructions should have been given. Both the engineer and the section foreman were fellow servants of the plaintiff; and, if the plaintiff's injury was caused by the negligence of either, the law, as it many times has been declared by this court, will not permit a recovery. ”

“ Rep. 603; Alaska Treadwell Gold Min. Co. v. Whelan, 168 U.S. 86, 42 L. ed. 390, 18 Sup. Ct. Rep. 40; New England R. Co. v. Conroy, 175 U.S. 323, 44 L. ed. 181, 20 Sup. Ct. Rep. 85; Northern P. R. Co. v. ”