Carle v. Bangor & Piscataqis Canal & Railroad
Supreme Judicial Court of Maine
This action was brought' to recover- damages for an Injury sustained by the plaintiff while in. the employ of the defendants, occasioned' by the carelessness of a fellow servant in the same employ..
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This action was brought' to recover- damages for an Injury sustained by the plaintiff while in. the employ of the defendants, occasioned' by the carelessness of a fellow servant in the same employ.. Rice, J., presiding, ordered a nonsuit, to which the plaintiff excepted. cited the following authorities: Farewell v. Boston & Worcester R. R. Co., 4 Met., 49; Hayes v. Western R. R. Co., 3 Cush., 270; Duran v. Little Miami R. R. Co., Ohio, S. C.; Skip v. Eastern Counties R. R. Co., 24 Eng. Law and Eq.; Sherman v. Rochester and Syracuse R. R. Co., 15 Barb., 574.
1Opinion of the CourtMay, J.
From the testimony in this case, it appears that the injury of which the plaintiff complains was occasioned *270by the negligence of a fellow servant in the employ of the defendants; and there is no evidence tending to show that the defendants did not exercise ordinary care in the selection of such servant. Under such circumstances, it is now the well established common law of England, that a workman who meets with an injury from the negligence of a fellow workman, cannot recover therefor in an action against the common master. The superior does not warrant the com, petency of his servants, and…
2Cases cited2 opinions
- Barbaroux v. BarkerCourt of Appeals of Kentucky · 1862
- Coon v. Syracuse & Utica Rail-RoadNew York Supreme Court · 1849
3Cited by9 opinions
- Atchison, Topeka & Santa Fe R. R. v. FarrowSupreme Court of Colorado · 1883
- Frazier v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1861
- Lutz v. Atlantic & Pacific RailroadNew Mexico Supreme Court · 1892
- Hanley v. Grand Trunk Railway Co.Supreme Court of New Hampshire · 1882
- Garrahy v. Kansas City, St. J. & C. B. R. Co.United States Circuit Court · 1885
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