Thornton v. Thornton

HEDRICK, Judge.

By his single assignment of error, plaintiff contends that the court erred in directing a verdict for defendant. He argues that the fellow servant rule does not apply in this case for that the defendant’s son, in “doing the bidding of his father without compensation”, thereby became the “alter ego” of his father. Under that theory, plaintiff asserts, the negligence of the son is imputed to the father, and the issue of whether the son was negligent is for the jury.

We disagree with the plaintiff’s view of this case. In our opinion, the fellow servant doctrine controls the…