1. Negligence—Question for Jury.

Plaintiff, a brakeman in the employ of defendant railway company, while performing his duty on a regular freight train, was injured in a collision caused by a special or wild train running into the regular train while it was stopped at a junction with a spur track, to leave certain cars. The special train, which was running on telegraphic orders, was only a few minutes behind the regular train, and the conductor of the special had not been informed that the regular would stop at the spur track. The rules of the company provided that a following train should keep 10 minutes behind the train in front of it, but also made it the duty of the train dispatcher to keep trains known to be running too close at the proper distance apart. Held, that it was a question for the jury to decide upon these facts whether the railway company was guilty of negligence in the management of the second train, which contributed to the accident, and that it was not error to refuse to direct a verdict for the railway company.

2. Same—Instruction to Jury—Substance of Charge.

Held, further, that an instruction which substantially submitted it to the jury to decide whether the company was negligent in sending out the special train without notifying the conductor that the first train would stop where it did, and in failing so to control the running of the special train as to avoid the accident which happened, was not rendered erroneous by some expressions which, ai>a.rt from their context, might be taken to mean that the company would be responsible for the negligence of the conductor of the special train in disobeying orders, and to disregard the fact that he was a fellow servant of plaintiff.

8. Master and Servant—Duty to Provide Safe Appliances, etc.

The duty which an employer owes to his employe to provide proper means, facilities, and appliances for carrying on the work in reasonable safety cannot be delegated to any subordinate, so as to "exempt the employer from liability to an employe if injury happens to him through neglect of that duty.