Lawler v. Androscoggin Railroad
Supreme Judicial Court of Maine
On exceptions. 'This was an action on the case for injuries received while employed by the defendant corporation in repairing its track-bed under the supervision of its road-master. The defendants filed a demurrer which was sustained, and the plaintiff excepted.
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On exceptions. 'This was an action on the case for injuries received while employed by the defendant corporation in repairing its track-bed under the supervision of its road-master. The defendants filed a demurrer which was sustained, and the plaintiff excepted. The declaration was as follows: “For that the said defendants, at Lewiston, on the third day of January, A. D., 1870, were the owners of a certain railroad running through the city of Lewiston and then out of repair at a certain point in said city of Lewiston, by reason of the washing out of a culvert upon the line of said road,…
1Opinion of the CourtAppleton, C. J.
It is well settled in this State that a servant who is injured by the negligence or misconduct of his fellow servant, cannot maintain an action against his master for such injury. Carle v. B. & P. C. & R. R. Co., 43 Maine, 269; Beaulieu v. Portland Co., 48 Maine, 291. “The rule,” observes Earle,, C. J., in Tunney v. Midland Railway Co., Law Rep., 1 C. B. 291, “has been settled by a series of decisions beginning with Priestly v. Fowler, 3 M. & W., 1, and ending with Morgan v. Vale of Neath Railway, Law Rep., 1 Q. B., 148, that a servant,, when he engages to serve a master, undertakes, as…
2Cases cited4 opinions
- Coombs v. New Bedford Cordage Co.Massachusetts Supreme Judicial Court · 1869
- Warner v. . Erie Railway Co.New York Court of Appeals · 1868
- Harper v. Indianapolis & St. Louis RailroadSupreme Court of Missouri · 1871
- Moss v. Pacific RailroadSupreme Court of Missouri · 1872
3Cited by9 opinions
- Fraker v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1884
- Gardner v. Michigan Central R. R.Michigan Supreme Court · 1886
- Tennessee Coal, Iron & R. R. v. BridgesSupreme Court of Alabama · 1905
- Nash v. Nashua Iron & Steel Co.Supreme Court of New Hampshire · 1882
- Buckley v. Gould & Curry Silver Mining Co.United States Circuit Court · 1882
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