Norris v. American Railway Express Co.

The Civil Code (1910), § 3129, declares: “Except in case of railroad companies, the master is not liable to one servant for injuries arising from the negligence or misconduct of other servants about the same business.” One ground of the demurrer is that the petition shows that the proximate cause of the injury was the negligence of a fellow servant. The petition alleges, however, that, notwithstanding the concurrent negligence of the fellow servant, the injury would not have occurred had the master not been guilty of negligence, and that the master’s negli*153genee was the proximate cause of the…