Congrave v. Southern Pacific Railroad

Citations

• 88 Cal. 360
• 26 P. 175
• 1891 Cal. LEXIS 697

Syllabus

<p>Master and Servant—Negligence of Fellow-servant. — A master is not liable for injuries suffered by his servant through the negligence of a fellow-servant, unless the master was negligent in the selection of the servant in fault.</p> <p>Id.—Negligence of Conductor — Injury to Brakeman—Liability of Railroad Company — Construction of Code.—A brakeman and a conductor on a railroad train are persons “ employed by the same employer in the same general business,” within the meaning of section 1970 of the Civil Code, and the railroad company is not liable for the death of one caused by the negligence of the other.</p> <p>Id.—Grades of Employment — Negligence of Superior Servas».— The law of this state recognizes no distinction growing out of grades of employment of the respective servants of the same employer; and a foreman, conductor, or other superior servant who is not clothed with the authority of a vice-principal, in whose favor the principal has abdicated bis authority, is a fellow-servant of an inferior employee, under the law applicable to the liability of a master for the negligence of his servants.</p>