Ferguson v. Glady Fork Lumber Co.

Note by Miller, Judge: BobiNSON, Judge,

(concurring):

I question the correctness of this decision. Plaintiff was injured while at work on a car standing on a track at the repair shop, a part of the plant where he was employed to work. True, in this instance, plaintiff may have relied on the promise of a fellow servant to see to it that the engine was not shifted onto this track while he was at work there; but was defendant not negligent in not providing against such injuries by establishing proper rules and regulations for moving engines and cars on that track to avoid such accidents? A rule…