Grogan v. J. H. Hinkle & Co.

Citations

• 70 Pa. Super. 585
• 1919 Pa. Super. LEXIS 13

Syllabus

<p>Negligence — Master cmd servant — “Fellow servant” — Words and phrases.</p> <p>Generally speaking, a fellow servant is one who is under the direction and control of the same master, and servants of different masters are not deemed fellow servants within this rule, although they are working together for the same ultimate purpose on the same premises. Where a servant works side by side with one employed by his master as an independent contractor, or with a servant of such contractor, or the latter servant works with the servant of -a subcontractor, they are not fellow servants even though they help to do the same work for the benefit of the same ultimate employer.</p> <p>It is the duty of independent or different masters engaged about the same general employment to use such ordinary care and diligence in the conduct and prosecution of their several contracts or employments so as not to expose the servants of the master working with them to danger, and if injury results to the servants of either, through failure to exercise such care and diligence, the master whose servants caused the injury will be liable in damages.</p>