Blake v. Maine Central Railroad
Supreme Judicial Court of Maine
On demurrer. Writ dated October 5, 1876, and contained two counts, to each of which a separate general demurrer was filed and joined; but from the view taken by the court the first count only is stated ; the materia] parts of which are as follows : “And the defendants then and there employed the said deceased Silas H. Potter, in the capacity of a section man, to take charge of their said railroad track between said Waterville and West Waterville, and to keep the same in…
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On demurrer. Writ dated October 5, 1876, and contained two counts, to each of which a separate general demurrer was filed and joined; but from the view taken by the court the first count only is stated ; the materia] parts of which are as follows : “And the defendants then and there employed the said deceased Silas H. Potter, in the capacity of a section man, to take charge of their said railroad track between said Waterville and West Waterville, and to keep the same in repair and suitable for the running of trains thereon, and the defendants provided said Potter with a hand-car to go over…
1Opinion of the CourtAppleton, C. J.
It has been settled by an almost unbroken series of decisions that a master is not liable to a servant for an injury resulting from the negligence of a fellow servant in the same general employment. The servant undertakes between himself and his master to run all the ordinary risks of the service, including that of the negligence of his fellow servants. Beaulieu v. Portland Co., 48 Maine, 295. Lawler v. Androscoggin R. R. Co., 62 Maine, 467. Warner v. Erie Railway Co., 39 N. Y. 469. Zeigler v. Day, 123 Mass. 152.
When there is one general object, in attaining which a servant is exposed to…
2Cases cited4 opinions
- Chapman v. . Erie Railway Co.New York Court of Appeals · 1874
- Zeigler v. DayMassachusetts Supreme Judicial Court · 1877
- Colton v. RichardsMassachusetts Supreme Judicial Court · 1878
- Pease v. Pilot Knob Iron Co.Supreme Court of Missouri · 1871
3Cited by16 opinions
- Ewald v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
- Knahtla v. Oregon Short Line, etc., Ry. Co.Oregon Supreme Court · 1891
- Lake Shore & Michigan Southern Railway Co. v. StupakIndiana Supreme Court · 1890
- Unfried v. Balt. & O. R'd Co.West Virginia Supreme Court · 1890
- Ell v. Northern Pacific RailroadNorth Dakota Supreme Court · 1891
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