692."

On  the  other  hand,  in  Daniel  v.  Chesapeake  &  O.  R.  Co.,  36  W.  Va.,  397:
15  S.  E.  Rep.  162,  it  was  held  that  when  a  conductor,  in  charge  of  a  railroad
train,  with  a  right  to  command  and  to  control  its  movements,  leaves  his  engine
And  train  standing  on  the  track  of  the  main  line,  along  which  a  train,  due,  and
expected  by  him,  has  a  right  at  that  time  to  pass,  and  such  conductor  fails  to
use  ordinary  care  to  warn  or  notify  in  any  way  the  expected  train  of  such
obstruction  in  its  way,  whereby  a  collision  takes  place,  and  a  brakeman  on  the
coming  train  is  injured,  and  such  negligence  of  the  conductor  is  the  direct  and
proximate  cause  of  such  injury,  such  brakeman  being  without  fault  or  the
means  of  preventing  such  negligence,  or  of  avoiding  its  consequences,  such
brakeman  is  not  the  fellow  servant  of  the  conductor,  and  the  company  will  be
held  responsible  for  the  injury  to  the  brakeman,  caused  by  the  negligence  of
the  conductor  in  such  manner.  The  opinion  contains  an  elaborate  examina-
tion of  authorities.
