Commentaries On the Law of Master And Servant : Including the Modern Laws On Workmen's Compensation, Arbitration, Employers' Liability, Etc., Etc.

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constitute coservice on the ground that 319, 61 Fed. 259 (accident caused by the servants were engaged in the same the failure of a coservant to report a common work, it is not necessary that defect) ; Whitmore v. Boston & M. R.
they should have been engaged at the Go. (1890) 150 Mass. 477, 23 N. E.
time of the injury in the same particu- 220; Seaver v. Boston & M. R. Co.
lar work Veio York, L. E. & W. R. (1860) 14 Gray, 466; Connors v. H olden Co. V. Bell (1886) 112 Pa. 400, 4 Atl. (1891) 152
...Mass. 598, 26 N. W. 137 gQ_ (injury received in taking down a build- 4064 MASTER AND SERVANT.
[chap. lx.
to show that the injury was such that it must have been caused by one of several coservants, although it does not appear which of them was the actual delinquent ; ^ or where the only reasonable theory from the evidence is that the negligence which caused the injury must have been either that of the plaintiff himself or of a fellow servant ; * or where it is apparent that the efficient cause of the injury was either accident or the negligence of a coservant ; ° or where the evidence in- ing) ; Russell v.


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