dissents, voting for a reversal on the ground that the plaintiff should have been compelled to elect whether she would go to the jury under the employer’s liability act (Consol. Daws, c. 31), or under her common-law cause of action; there being a question of fact as to superintendence under the liability act, and no liability for the acts of the foreman under the common-law cause of action, because he was a fellow servant.