Fagundes v. Central Pacific Railroad

I am unable to distinguish this case from McKune v. Cal. S. R. R. Co., 66 Cal. 302, and other recent cases in which it has been held here that an employee in one department of a business like railroading or mining is not a fellow-servant of an employee in another and different department of the business. In McKune v. Cal. S. R. R. Co., 66 Cal. 302, it was held that a train-dispatcher and material-man was not a fellow-servant of an ordinary track-laborer. Mr. Justice Field in a recent case said: “ The question in all cases, therefore, is, What is essential to render the service in which…