Tullgren v. Amoskeag Manufacturing Co.

It was the defendant’s custom to carry home employees taken sick while at work, but no claim is understood to be made that the custom showed any agreement for its observance so as to make it a term of the contract of employment, the validity of which made it a duty of the defendant to render the service. Without such duty it could in no event be maintained that the employee so served and the driver of the employer’s conveyance are fellow servants. And even if the duty thus exists, it would seem ineffective to produce such relationship. While cases hold that when the employer by the contract…