Lagrone v. Mobile & Ohio Railroad

Citations

• 67 Miss. 592

Syllabus

<p>1. Master akd Servant. Railroad. Section master and. section hand, fellow-servants.</p> <p>A section master and a laborer under him, who are engaged in common service in track repairing for a railroad company, are fellow-servants ; and the company is not liable to the latter for an injury caused by the negligence of the former while so engaged. See Ry. Co. v. Petty, ante, 255.</p> <p>2. Same. Section master; not vice-principal. Case in judgment.</p> <p>In a suit against a railroad company, plaintiff alleged the following: A section master, having authority to employ and discharge section laborers and to direct their work, in track repairing discovered a bent and defective fish-bar, and, instead of applying for a new one, as was his duty, directed plaintiff, one of the laborers employed by him, who was inexperienced and not aware of any danger, to hold the same in a certain position while he attempted to straighten it by blows with a heavy ham. mer. By reason of his negligence and want of skill in striking the fish-bar, the hand of plaintiff was severely injured. Held, on demurrer, that the company was not liable.</p>