Smith v. Lehigh Valley R. Co. of New Jersey

Citations

• 141 F. 192
• 1905 U.S. Dist. LEXIS 53

Syllabus

<p>Master and Servant—Injury to Employé—Negligence op Fellow Servant.</p> <p>A mate and floatman belonging to the same crew, having the same employer, and being engaged in a common object, although of different rank, and working on different lines to accomplish the undertaking, are fellow servants, and the negligence of the mate, whereby the floatman was injured, is the negligence of his fellow servant; and neither the vessel nor its owner is chargeable with the consequences of such negligence, in the absence of evidence showing that the owner was negligent in the selection of such servant.</p> <p>[Ed. Note.—For cases in point, see vol. 34, Cent. Dig. Master and Servant, § 492.</p> <p>Who are fellow servants, see note to Northern Pac. R. Co. v. Smith, 8 C. C. A. 668; Flippin v. Kimball, 31 C. C. A. 286.]</p> <p>(Syllabus by the Court.)</p>