Stearns & Culver Lumber Co. v. Fowler

Citations

• 58 Fla. 362

Syllabus

<p>1. One who employs others is liable in damages for injuries to employees caused by the negligence of the employer or of those who sustain to such employees the relation of employer by discharging duties properly belonging only to the employer, where the party injured has not contributed to the injury complained of. Risks resulting from the master’s negligence are not assumed by the servant.</p> <p>2. A master is not bound to indemnify one servant for injuries caused by the negligence of another servant in the same common employment as himself unless the negligent servant was the master’s representative.</p> <p>3. An employer, who exercises proper care in selecting employees and in providing for employees reasonably safe places in which to work and suitable implements to work with and performs other duties due from the employer to the employee is in general not liable for injuries to an employee caused by the negligence of fellow servants engaged in the same service where the employer does not contribute to the injuries.</p> <p>4. To render an employer liable to those in his employ for injuries caused by the negligence of a fellow servant, it is not necessary that the servant who causes and the one who suffers the injury should be at the time of the injury engaged together in the same particular work, it is sufficient if they are in the employment of the same master, engaged in the same common enterprise, and both are employed to perform duties tending to accomplish the same general purpose, where such duties are not peculiar to the master as such.</p> <p>5. Where the duty negligently performed does not appear as a matter of law to be a duty devolving upon the master, or the conceded facts relating thereto are not such that an interference of law may be drawn therefrom by the court, the question whether the duty negligently performed did devolve upon the master in the particular case is for the jury to determine from all the facts and circumstances of the employme