DUNCAN, J.
One of the plaintiff's major contentions relates to the instructions to the jury dealing with the defense of negligence of a fellow servant. This defense assumed added importance because of inquiries made by the jury during their deliberations: "Was the elevator. . . operator to be considered a servant of the Walsh Brothers?", and "Is the Walsh Company liable if we agree that the elevator . . . operator was due to his carelessness responsible for the accident...
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