Atchison & Eastern Bridge Co. v. Miller

Citations

• 71 Kan. 13
• 80 P. 18
• 1905 Kan. LEXIS 85

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Master and Servant — Fellow Servants Defined. All employees of the same master engaged in the same general business, whose efforts tend to promote the same general purpose and accomplish the same general end, are fellow servants.</p> <p>2. - Assignment to Separate Departments. The assignment of servants of the same master to separate departments of the same general enterprise does not affect their relation as fellow servants unless such departments be so far disconnected that each one may be regarded as a separate undertaking.</p> <p>3. - Personal Relations of Employees Immaterial. It is not essential to the fellow-servant relation between employees of the same master that they should have an opportunity to become acquainted with each other, or to observe each other’s conduct, or to take precautions against each other’s negligence, or to influence each other in the formation of habits of foresight and care.</p> <p>4. - Assumption of Risk. Fellow servants assume the risk of injury from each other in their common conduct of the master’s work.</p> <p>5. - Contract and Liability of the Master. The master, however, contracts to exercise reasonable care in the selection of his servants and to furnish them with a reasonably safe place in which to work and reasonably safe materials, tools and appliances with which to work, and he is liable for injuries resulting from breaches of these duties, no matter what may be the ordinary duties or the rank or grade or department of the servant to whom their performance has been delegated.</p> <p>6. - Pile-driver and Machinist Held Fellow Servants. A member of a pile-driving crew engaged in driving piling for the erection of false work essential to the reconstruction of a bridge is a fellow servant with a machinist employed by the same master to repair stationary engines located in the midst of the work upon barges, upon the bridge and upon the false work, and used for hoisting material and driving-p