South Florida Railroad v. Price

Citations

• 32 Fla. 46

Syllabus

<p>Master and servant -master’s liability to servant for negligence OP FELLOW-SERVANT — CORPORATE LIABILITY F?R NEGLIGENCE OF SURGEON, ATTENDING INJURED EMPLOYE.</p> <p>1. The engineer, fireman and brakeman of the same freight train are fellow-servants ; and, prior to the passage of Chapter 3744, Laws, approved June 7th, 1887, the employer company was not liable in daiiiages to one of such fellow-servants for injuries sustained in the line of his employment in consequence of the negligence of the engineer in putting his unskilled or careless fireman to the performance of his duty in temporarily handling the engine. Parrish vs. Pensacola & A. R. R. Co., 28 Fla., 251, 9 South. Rep., 696; South Florida R. R. Co. vs. Weiss, 32 Fla.,-, 13 South Rep.,-, cited and approved.</p> <p>2. Whether it is within the corporate powers of a railroad company, under any circumstances, to oblige itself to the rendition of medical or surgical aid to its sick or injured employes, by assuming it as a duty or otherwise, or to become liable for any negligence of any such surgeon acting in the line of his profession: Queref If it can become so liable: Held, That its whole duty in that respect will have been performed when it .employs a person of ordinary competence and skill in that profession; and, that having done so, it cannot be held liable for the carelessness or negligence of such surgeon in the performance of his duties as such.</p>