George F. Neubauer, Appellant, v. The New York, Lake Erie and Western Railroad Company, Respondent

George F. Neubauer, Appellant, v. The New York, Lake Erie and Western Railroad Company, Respondent. (Argued November 30, 1885; decided December 15, 1885.) This was an action to recover damages for injuries to plaintiff, a mechanic in defendant’s employ, alleged to have been caused by negligence on its part. The following is the mem. of opinion : “ Here the defendant as master discharged its whole duty to the plaintiff. It furnished suitable materials, implements and machinery, and skilled and competent fellow-workmen, and the plaintiff’s injuries were due to the carelessness of a co-servant, who at the time was acting as his foreman and boss. The principles laid down in Crispen v. Babbitt (81 H. Y. 516) control the decision of this case, and require the affirmance, of this judgment.” ^ I. W. Lyon for appellant. Lewis E. Ca/rr for respondent. [MAJORITY — Per Cwriam mem.] Per Cwriam mem. for affirmance. All concur. Judgment affirmed.