The negligence in this case was not that of the defendant company, but of Missimer, the boss or foreman, under whom the plaintiff was working, and who was, under all our cases, a fellow-workman. This was of itself sufficient to justify the learned judge below in entering a judgment of nonsuit. Aside from this, he makes out, upon the uncontradicted testimony, a very strong case of contributory negligence.
Judgment affirmed.