by John Marshall Harlan

“ We have therefore no occasion to consider the general question whether the District of Columbia is, in every case, exempt from liability for the negligence of its supervisor, resulting in personal injury to those who labor under his direction on public work, nor the narrower question whether Smallwood and McElligott were fellow-servants, within the meaning of the general rule that the common employer is not responsible to one employe for injuries caused by the negligence of a co-employe in the same branch of service. ”

“ The time during which the plaintiff continued at work after giving the alleged notice, and after receiving an assurance that his request would be complied with, has no relation whatever to the only contingency in which the District, according to the special instructions, was liable, viz., its negligence in employing as supervisor of roads one who was unfit for the place. If the principles embodied in those instructions are sound,-upon which point we are not now required to express an opinion,-the court would have been justified in directing a verdict for the District. ”

“ It is not safe to work at a bank like that without having it watched.' But upon cross-examination the same witness, being asked to state what reason was given by McElligott for wanting men to watch the bank, said: 'He wanted men to load the carts. He did not say anything to me about watching the bank. He simply sent a message to Smallwood to send two men to help load these carts, and that was all. He did not at any time say he wanted a man to watch the bank. I don't recollect his sending a message by any one to Smallwood that he wanted that he should send a man to watch the bank. ”