Hill v. Carolina Freight Carriers Corp.

Defendant asserts two affirmative defenses, either one of which, if well founded, would, on the facts admitted in the pleadings, bar plaintiffs right to recover. This is true unless, as contended by plaintiff, the master is not protected under the fellow servant doctrine against liability for damages to the personal property of his servant caused by the negligent act of a fellow servant committed in the course, and in the furtherance, of his master’s business. This necessitates a discussion of both defenses to the end that we may answer the two questions posed for decision: (1) Were the…