INDEX TO NOTES.

FELLOW SERVANTS.

Superior Servant Limitation of Fellow-Servant Rule.

Agent with authority to discharge, direct, and control-hand
ordered to work in dangerous piace, 160.

Assistant road master and section hands-absolute power to hire
and discharge, 173.

Authority to assign to duties not within scope of special du-
ties, 156.

Authority to command, 187.

Authority to employ and discharge, 198.

Authority to hire and discharge makes foreman a vice principal
only with respect to selecting or retaining servants, 193.
Authority to he and discharge not the test, 183.

Boss of roundhouse and laborer-negligence in performing man-
ual labor, 178.

Boy ordered by foreman to perform perilous act outside scope
of employment, 155.

Brakeman and engineer-absence of conductor-authority not
assumed by engineer, 195.

Brakeman required to operate brakes "according to circum-
stances and signals of engineer," 190.

California, 153.

Car repairer injured in obeying direct order of foreman, 198.
Car-starter and gripman-order to move car-question for jury,

159.

Caving in of sewer-defective bracing-negligence of street su-
perintendent-foreman in immediate charge, 179.

Caving in of sewer-injury to laborer-failure of superintendent
to use shoeing, 171.

Character of negligent act immaterial, 189, 199.

Character of negligent act the test, 173, 190, 193, 202.

Charge and control of gang engaged in particular service, 159.
Charge of wrecking crew-propping car floor on track-negligent
directions, 160.

Collision-death of fireman-negligence of train dispatcher, 173.
Colorado, 154.

Conductor and brakeman-authority to command, 166.

Conductor and engineer-doctrine of Ross case approved, 169.
Conductor and fireman of freight train-authority to direct and
control, 195.

Conductor not fellow servant of fireman, 204.

Conductor not fellow servant of his trainmen, 157.

Conductor not fellow servant of member of his train crew, 201.
Conductor of construction train-injury to hand ordered to jump
from moving car-negligence in securing pawl, 169.

Conductor of construction train-power to hire, discharge and
command-train dispatcher's order misread-collision, 161.
Conductor of construction train vice principal of brakeman, 204.
Conductor vice principal, 187.

Conductor vice principal of other members of train crew, 205.

FELLOW SERVANTS-Continued.

Connecticut, 155.

Construction of bridge-negligence in placing wedges, 162.
Construction of ship-carpenter acting as foreman's intermediary
in signalling to hoist or lower timbers, 156.

Construction work-supervision and direction of general fore-
man-authority to hire and discharge-transporting to and
from work, 155.

Control of department, and authority to hire and discharge, 169.
Control of gang carrying on distinct branch of business-ex-
istence of immediate superior immaterial, 160.

Control of workmen in carrying on particular branch of busi-
ness, 159.

Cooley on Torts, 147.

Cotton factory-duty to hire and discharge, and to provide and
maintain machinery, 194.

Cross references, 146.

Death of car-wiper-collision-negligence of foreman with au-
thority to decide which cars should be placed on cleaning
track, 160.

Death of engineer-collision-failure of conductor to send out
flagman, 199,

Death of fireman from explosion of boiler-violation of rule-
failure of engineer to be on hand, 197.

Death of minor-naked light-explosion-fellow servant of pit
boss working under superintendent, 184.

Death of section hand-negligence of conductor of construction
train-hands ordered to work in cut when another train due,

181.

Death of section hand-negligence of foreman-improper order,
160.

Definition, 146.

Delaware, 155.

Derailment of hand car—injury to section hand-section foreman
allowing keg to fall off, 179.

Distinction between vice principal and superior servant, 162.
Doctrine of Baugh case, 149.

Dual capacity doctrine, 178.

Dual capacity doctrine of Illinois-status of foreman causing in-
jury to employee under him, 159.

Employee injured while pushing car-negligence in causing
switch to be thrown-foreman with absolute control of hands,
167.

Employee superintending digging of trench and laborer are,
prima facie, fellow servants, 171.

Engineer and brakeman-acting under orders, 195.
Engineer and fireman, 159, 180.

Engineer superior of fireman-construction of Ohio statute, 190.
England, 207.

Entire charge of district department, 192.

Failure to define duty and authority with respect to each other,

163.

Fall from trestle-failure of foreman of construction gang to
properly secure-personal negligence, 197.

Fall of defective derrick-negligence of foreman charged with
duty of reporting defects, 167.

Fall of embankment-injury to hand-negligence of foreman with
power to command, 177.

Fall of frame-failure of foreman to properly brace, 183.
Fall of scaffold-defective plan-negligence of agent having gen-
eral control of working plant, 156.

Fall of trestle-failure to properly brace-negligence of foreman
of construction gang-authority to hire and discharge, 175.
Fear of dismissal, 186.

Fireman, acting as engineer, and brakeman, 168.

Foreman and laborer-management of entire business or of dis-
tinct department, 170.

Foreman assisting in replacing chain on pulley, 165.

Foreman directing work, 177.

Foreman directing work under instructions of division road mas-
ter-moving car without warning, 174.

Foreman engaged in manual labor, 165.

Foreman fellow servant of those under his supervision, 162.
Foreman in charge of distinct piece of work, 179.

Foreman in charge of dynamite-negligence in preparing cart-
ridge-explosion, 155.

Foreman in charge of gravel train-power to hire and discharge,

172.

Foreman of bridge carpenters-member of gang ordered to dan-
gerous position, 153.

Foreman of bridge gang with power to hire, discharge, and con-
trol hands, 148.

Foreman of car repairers-injury to hand under car-negligence
in moving other cars without warning, 166.

Foreman of construction gang-inconsistent order, 152.

Foreman of construction gang-power to hire, discharge and
direct, 151.

Foreman of construction work as head of separate department,

203.

Foreman of gang breaking ore in mine-allowing ore to run into
chute without warning, 149.

Foreman of gang excavating ditch-authority to hire, discharge,
and command-injury to hand ordered into dangerous place,
176.

Foreman of gang loading hand car-injury from fall of load, 174.
Foreman of gang moving cars on siding-mere authority to com-
mand and direct, 202.

Foreman of gang taking gravel from pit, 201.

Foreman of job, 169.

Foreman of logging crew vice principal of crew of donkey en-
gine-selection of insufficient swamp hook, 203.

Foreman of machine shop with mere authority to give orders,

148.

Foreman of mine, 152.

Foreman of quarry-authority to make and abrogate rules and
to appoint foreman of squads, 202.

Foreman of repair shop in charge of wrecking crew, 151.

Foreman of track men, 175.

Foreman of track repairers-failure to warn before giving order
to bear down on rail, 180.

Foreman ordering use of defective chain, 192.

Foreman-Power to command-authority to discharge subject to
approval, 204.

Foreman subordinate to another having power to hire and dis-
charge and to give working directions, 206.

Foreman supporting column as injured employer's substitute,

165.

Foreman with authority to report delinquences and to control
and direct-absence of power to hire and discharge, 202.
Foreman with mere authority to send to appointed tasks and to
recall from work, 195.

Full control of particular branch of master's business, 173.
Full power to manage business, 173.

Gang boss working under orders of superintendent, 192.

Gang moving damaged cars-negligence of foreman subject to
yard master's orders, 175.

General supervision of the work retained by master, 187.

FELLOW SERVANTS—Continued.

Georgia, 155.

Hand directing work not general superintendent, 156.

Idaho, 158.
Illinois, 158.

Indiana, 161.

In charge of distinct department, 163.

In charge of timber yard-authority to hire and discharge, 166.
Incompetent employee assigned task created by emergency-
power to hire and discharge, 156.

Injury to brakeman-failure of conductor to take prescribed pre-
cautions in running train over dangerous grade, 186.

Injury to brakeman-negligence of conductor of freight train,

181.

Injury to brakeman-negligence of engineer in stopping train,

165.

Injury to brakeman-parting of train-conductor on other sec-
tion-effect upon superiority or control, 190.

Injury to car coupler-negligence of yard master-backing train
without warning-authority to hire and command, 186.

Injury to car repairer-negligence of foreman with mere author-
ity to direct, 164.

Injury to car repairer working under car-negligence in moving
another car-foreman assisting in repairing, 189.

Injury to employee ordered into dangerous place-work outside
scope of employment, 176.

Injury to engineer-negligence of conductor, 189.

Injury to fireman-ordered by engineer outside scope of employ-
ment, 193.

Injury to flagman of steam roller-negligence of foreman in
frightening team, 193.

Injury to hand digging trench-failure of superintendent to use
shoeing, 171.

Injury to hand-negligence of conductor of gravel train, 181.
Injury to hand-negligence of foreman of carpenters-construc-
tion of culvert-removal of "center"-fall of arch, 185.
Injury to hand-negligence of section boss-order to board mov-
ing car, 195.

Injury to hand ordered to count shipping lumber in car-negli-
gence of foreman in causing car to be moved-fall of lum-
ber, 206.

Injury to hand ordered to hold car to be backed against by an-
other car-failure of superior to place stick in pockets, 199.
Injury to hand riding to work on gravel train-negligence of en-
gineer, 189.

Injury to laborer-dangerous order-negligence of foreman, 182.
Injury to laborer engaged in removing building-negligence of
foreman ordering use of defective staging, 177.

Injury to laborer-negligence of section foreman and engineer-
failure to warn of approach of engine-absence of signals and
head light, 180.

Injury to laborer-negligence of section foreman in running hand
car at excessive speed, 149.

Injury to member of repairing gang-control of foreman-trans-
porting to and from work on hand car, 181.

Injury to member of switch crew-negligence of his foreman in
sending cars against those he was uncoupling, 200,

Injury to member of wrecking crew-wrong signal given by road
master, 177.

Injury to mine shift pusher-preceding shift ordered off by fore-
man of mine-unexploded blasts, 201.

Injury to miner-failure of foreman to warn him of dangers of
place, 201.

FELLOW SERVANTS—Continued.

Injury to miner-negligence of person authorized to direct where
to drill blast holes-power to hire and discharge, 184.
Injury to seaman-breaking of triangle-negligence of mate in
constructing and ordering use of appliance, 171.

Injury of section hand-collision-negligence of road master,

179.

Injury to section_hand-defective hand car-failure of section
boss to report defect-power to hire and discharge, 186.
Injury to section hand going to work on hand car-collision—
foreman with authority to recommend discharge, 184.

Injury to section hand-negligence of foreman in causing sudden
stoppage of hand car, 199.

Injury to section hand-negligence of foreman in throwing back
switch, 199.

Injury to section hand-negligence of foreman performing man-
ual labor, 197.

Injury to section hand-negligent order of foreman-absence of
authority to hire and discharge, 181.

Injury to section hand ordered to jump from moving train-sec-
tion master with authority to hire, discharge, and command,

187.

Injury to servant ordered to certain position-attempt of section
master to straighten fish-bar-authority to hire and discharge,

176.

Injury to shoveler on gravel train-order to jump upon another
car-negligence of foreman in widening distance-work out-
side scope of employment, 172.

Injury to track hand-failure of boss to warn of approach of

train, 192.

Injury to track repairer-conductor of material train and fore-
man as vice principals, 179.

Iowa, 163.

Judge Dillon, 147.

Kansas, 166.

Kentucky, 168.

Limitation rejected by weight of authority, 147.

Loading railroad iron on flat cars, 162.

Management of master's business or of a distinct department,

173.

Manager of quarry-hand ordered to put in blast before hole had
cooled, 190.

Manager or superintendent entrusted with all master's duties,

170.

Manager with authority to command and have discharged, 168.
Maryland, 170.

Massachusetts, 170.

Master only liable for negligence in discharging nonassignable
duties, 203.

Master liable where negligence occurs in exercising authority
over subordinate-power to hire, discharge, and direct, 159.
Master mechanic in sole charge of shop-exercise of power to
command, 163.

Master not liable for mere personal negligence of superior serv-
ant, 197.

Master not liable for negligence of superior in working as co-
laborer, 196.

Master only responsible for, negligence of foreman in discharg-
ing nonassignable duties, 191.

Master only responsible for superior servant's negligence in dis-