Wallace v. Kimball Co.

If it be conceded that, under the allegations of the petition, the defendant’s foreman in charge of its packing and shipping department was its vice-principal, it nevertheless appears, from further allegations of the petition, that, as to the negligence on his part which brought about the injury, he was a mere fellow servant of the plaintiff. The petition, therefore, was properly dismissed on general demurrer. While doing a servant’s work engaged solely in executing the ordinary details of labor in connection with another servant, a foreman who' in other respects stands in the place of the…