Sullivan

(after stating the facts as above).

The defendant had a store and a warehouse in the town of Cordova, Alaska. The plaintiff and Frederickson were both in the defendant’s employment, and were fellow servants, and both were hired and paid by the defendant. Frederickson was in charge of the warehouse, and his duty was to manage and direct the movement of goods therefrom. The plaintiff was the driver of the defendant’s delivery wagon, and he was engaged in delivering goods to and from the warehouse and from the store to the defendant’s customers. Frederickson had no authority to employ or pay or discharge the plaintiff. Taking the testimony in its aspect most favorable to the plaintiff, it goes no further than to show that on. the day on which the injury occurred both Frederickson and he were engaged in the operation of delivering certain goods from the warehouse to the store, and that in selecting-the goods and loading the wagon the plaintiff was under Frederickson’s directions. No charge was made, nor was proof offered to show, that the defendant had failed to supply the plaintiff with safe appliances for his work. The whole case for the plaintiff rests on allegation and proof that…