Fort v. Union Pac. R.

DILLON, Circuit Judge.

In support of the motion for a new trial, it is urged by the defendant’s counsel that the court erred in that portion of the second division, its charge to the jury commencing with, “But I draw this distinction,” and ending with the words, “for, in such a case, they are not, in any proper sense, ‘fellow servants’ in the same common service.” I fully appreciate the difficulties that surround the question here presented, and I do not feel certain that this particular case can be discriminated from those in which it is held that the com- | mon employer of two servants is…