Clough v. Schwartz

The jury were properly instructed that any negligence of Hebert, the fireman driving the fire truck, was not imputable to the plaintiff. Shuster v. McDermit, 104 N. J. L. 58. The relationship of the driver and the plaintiff was that of fellow servants or co-employees in the Manchester fire department. “The negligence of the driver of a vehicle is not generally imputed to another occupant therein, when the relation between the parties is that of fellow servants. Thus, negligence of the driver of a fire engine or truck, or other fire department vehicle, is not imputed to another employee of the…