Show NEGLIGENCE OF FELLOW StR A T Tu U S Supreme Court Decides s That ThatA A Railroad Operator and aud Fire Fireman man llIan Arc Atc Such THEY TAKE MUTUAL RISKS Where n a Fireman I heath Death Through 1 The Neglect hie or of ii Met ot Ground aln t Washington Iu court coull oC or the United Status States today todo to lIl down do n mm tho the principle Hint u it operator for or a I railroad company unIt Il a on omu n a Cl railroad engIne are fellow tumid and that time the negligence of ot the tho former canning the death of tho time lot lilt loter er el In the ito operation of ot trains MIH 1111 a Ii 1 risk the time was van not u Il ground for hII damages tho Limo roil rail company Tho Case caso en o that of Allyn II n A DIxon t the tIme Northern for COI cm damages for tor the death of or her hus hue husband baud band C L A DUon PInn a n who um lolled killed 1 In him a it 1 collision by b the time of ot an un am operator Time Tho opinion delivered d l h by y Justice Brewer two question lied from time Ih United States Stated circuit court of ot appeals tar for or the tue Eighth circuit UH 1111 follows ollow st when muhen n a local telegraph oper opel operator ator tutor I Is called upon specially by a Il train dispatcher to give Information relative to 10 tho the arrival of at ix a 1 train ut u t 0 lUlon to enable tho the i t orders or for tor the tho ton mil of at other trains does time the local 11 11 operator In III time the matter of ot such mich act an ns IL a fellow v of ot train operatives In iii such fI that tho time Is la not hot liable to train operatives who are arc In by U obeying nn nfl erroneous order artier of ut If the time dispatcher that was Induced by h folio given by 11 tho the local operator The rime answer or tu to this timis Is it Tile The telegraph operator WIS under the described de a fellow ellous servant or of tho time fireman Second U lit time the negligence of or n a 1 local loal telegraph operator mind and station elation ag agent nt of ot a 1 railway company In observIng and reporting by telegraph to time the train die atcher the time movement of or trains past ills lis station which causes time tho injury or death of ot a fireman of ot the company without any fault or of ot the tile train dispatcher tho the negligence of ot a aVice 1 aVice Vice Ice principal for to em I which tho railway company IB he liable In damages to the time fireman or his personal p or Is It the tIme of ot a ser lIer servant vant of pt time the fireman the time risk of ot which the time latter assumes Answer It newer Time The negligence of the operator was Willi the tho negligence of ot n it fellow servant of ot time the the time rink rIsk of at which tho the tatter latter lI A 4 1 dissenting opinion was delivered by hy Justice White and concurred In lii by hy tho time chief Justice and Justices Justice end and McKenna In tills this opinion the time la was expressed that tho the oper operator tutor ator was IS time the agent audit of ot time the employer and andas as ns such audi his negligence ence rendered the em om employer liable tom for damage or death roused caused thereby theroh The Time opinion wag further expressed that the time courts decision would create much confusion |