Taylor v. George W. Bush & Sons Co.

Citations

• 21 Del. 378
• 5 Penne. 378
• 61 A. 236
• 1905 Del. LEXIS 29

Syllabus

<p>Case—Personal Injuries—Master and Servant—Fellow-Servant— Employment from Day to Bay—Leaving the Premises at Time of Accident—Day’s Work over and Paid For—Nonsuit.</p> <p>1. The plaintiff had been in the employ of the defendant company for about three months preceding the day of the accident; in the course of his employment, which was from day to day, he was in the habit of taking his dinner pail to the stable in the morning, on the premises, of the defendant, eating his dinner on the premises at noontide, and after the day’s work was over, of taking his dinner pail away from the place where he had kept it during the day; that at the time of the accident the plaintiff had actually been paid off for the day, and was going, as was his custom, to the stable to take home his dinner pail; that the plaintiff lived so far away that he had to take his dinner every day to his place of employment and was permitted and directed to keep his pail in the stable. Held, that at the time of the accident the plaintiff was, in going' for his dinner pail, in the enjoyment of a privilege which was granted to him by his employers only as an employee, that it was connected with and incident to his employment at the time of the accident, and the relation of master and servant then existed between the plaintiff and the defendant company.</p> <p>2. The injuries having been caused by the act of another workman of the defendant, engaged in the same business, and not in any of the primary duties which a master owes to a servant; held that such other workman was a fellow-servant with the plaintiff, that the plaintiff could not recover from the company, and a nonsuit should he entered.</p>