N. & W. R. R. v. Donnelly's Adm'r

Citations

• 88 Va. 853
• 14 S.E. 692
• 1892 Va. LEXIS 39

Syllabus

<p>1. Fellow-Seryaxts.—All serving a common master, working under same control, deriving authority and compensation from same source, and engaged in the same general business, although in different grades or departments, are fellow-servants, and take the risk of each other’s negligence.</p> <p>2. Idem.— Case at bar.—Plaintiff’s intestate, engine-man on defendant’s locomotive, was killed, without fault on his part, in collision with another locomotive of defendant. The collision was occasioned wholly by the negligent misconstruction of a right-of-way order by the engine- man in charge of the colliding locomotive;</p> <p>Held :</p> <p>The two engine-men, though on different locomotives, were fellow-servants, and the defendant was not liable.</p>