Babcock Bros. Lumber Co. v. Hughes

Where, in a suit by a servant against the master for damages on account of the alleged negligence of the latter in the selection of an incompetent fellow-servant, the plaintiff not only alleges such incompetency, but also alleges negligent acts of the fellow-servant to have been done as a result of such incompetency, a denial by the master both of such incompetency and of the commission of such negligent acts will not estop the master from setting up the defense that the master is not liable for negligence of the fellow-servant, as provided by § 3129 of the Civil Code (1910), if the evidence…