1. The Federal Employers' Liability act does not define negligence, so that the principles of common law control, and under that statute a carrier is liable for the negligence of any of its employes.
2. The doctrine of res ipsa loquitur applies to actions arising under the Federal Employers' Liability act, and where an injury is occasioned by the dropping of a brake-stick by a fellow employe, it raises a presumption of negligence, and requires the submission to the jury of the question whether, in fact, such employe, under all the circumstances, used due care for the safety of the injured man.
3. The doctrine of assumption of risk is not a defense to an action under the Federal act, where the negligence of a fellow servant could not have been foreseen, or expected, by the injured party, as the sole, direct and immediate cause of his injury.
PER CURIAM.
The judgment under review herein should be affirmed, for the reasons expressed in the opinion delivered by the Supreme Court.
For affirmance — THE CHANCELLOR, CHIEF JUSTICE, TRENCHARD, PARKER, CASE, HEHER, VAN BUSKIRK, KAYS, HETFIELD, DEAR, WELLS, JJ. 11.
For reversal — None.