Lindberg v. Swenson

In the portion of the charge dealing with the fellow servant doctrine, the Court said: “The defendant claims further if you find the kettle containing the sulphur caught fire, and it caught fire through the negligence of a fellow employee, or as more often referred to, a fellow servant, and this manner gave off the fumes which helped cause the death of Mr. Lindberg, then the negligence was solely that of the fellow servant and not of the master, and so there is no liability on the part of the master.” The plaintiff excepted to this submission of the issue of whether the kettle caught fire…