Wilson v. Charleston & Savannah Ry.

Citations

• 51 S.C. 79
• 28 S.E. 91
• 1897 S.C. LEXIS 58

Syllabus

<p>1. Practice — Master and Servant — Evidence.—Under a general denial, testimony tending to show that an accident, alleged to have happened by the negligence of the master, was caused by the negligence of a fellow-servant, is competent.</p> <p>2. Railroads-Fellow-Servants — Master and Servant. — Whether certain employees of a railroad sustain toward each other the relation of fellow-servants is a mixed question of law and fact.</p> <p>3. Fellow-Servants — Master and Servant. — Persons employed in a common undertaking are fellow-servants, when exercising the ordinary duties of their employment; but when one of them is performing the duties of the master, this relation ceases.</p>