Hanley v. Grand Trunk Railway Co.
Supreme Court of New Hampshire
Case, for personal injuries. The declaration alleged an injury to the plaintiff while assisting, as an employé of the defendants, in loading upon a car old rails, one of which fell upon the plaintiff through the negligence of the defendants in suffering a car with a large amount of snow upon it to be used for that purpose.
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Case, for personal injuries. The declaration alleged an injury to the plaintiff while assisting, as an employé of the defendants, in loading upon a car old rails, one of which fell upon the plaintiff through the negligence of the defendants in suffering a car with a large amount of snow upon it to be used for that purpose. Another count alleged an injury through the incompetency of the defendants’ agents and servants to manage the business of loading the rails, and that the plaintiff was in the exercise of reasonable care. The plaintiff introduced evidence tending to show that he had been…
1Opinion of the CourtAllen, J.
The relation between a corporation and its employés is that of master and servant, and the general rule is that a master is not liable to a servant for an injury received from the negligence of a fellow-servant in the same general employment, the master being in no fault. Fifield v. Railroad, 42 N. H. 225, 236; Farwell v. Railroad, 4 Met. 49; Hayes v. Railroad, 3 Cush. 270; Carle v. Canal & Railroad Co., 43 Me. 269; Noyes v. Smith, 28 Vt. 59; Brown v. Maxwell, 6 Hill 592; Coon v. Railroad, 6 Barb. 231; Ryan v. Railroad, 23 Pa. St. 384; Madison &c. Railroad Co. v Bacon, 6 Ind. 205; Honner v.…
2Cases cited12 opinions
- Dolner v. The MonticelloU.S. Circuit Court for the District of Massachusetts · 1870
- Barbaroux v. BarkerCourt of Appeals of Kentucky · 1862
- Baulec v. . New York Harlem R.R. Co.New York Court of Appeals · 1874
- Davis v. Detroit & Milwaukee Rail RoadMichigan Supreme Court · 1870
- Gibson v. Pacific RailroadSupreme Court of Missouri · 1870
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3Cited by2 opinions
- Young v. Boston & Maine RailroadSupreme Court of New Hampshire · 1898
- Casey v. Grand Trunk Railway Co.Supreme Court of New Hampshire · 1894