Hagins v. Cape Fear & Yadkin Valley Railway Co.

Citations

• 106 N.C. 537

Syllabus

<p>Injury from Negligence of Fellow-servant — Action Against Master — Sufficiency of Complaint.</p> <p>1. An employee injured by the negligence of a fellow-servant cannot recover damages of the common master.</p> <p>2. A complaint which alleges that plaintiff was an employee of the defendant railway company, and was injured by the negligence of the engineer in charge of the locomotive, without any allegation that the engineer was incompetent, and that the company, with knowledge of that fact, retained him in service, does not set out a cause of action, and the action will be dismissed.</p>