Burke v. Norwich & Worcester Railroad
Supreme Court of Connecticut
Action on the case, for an injury to Daniel Burlce, caused by the negligence of the defendants, brought by his administratrix, to the superior court in New London county, and tried to the jury on the general issue, before Butler, J. On the trial it appeared and was conceded that the defendants were engaged in the general business of transporting-passengers and freight from Norwich to Worcester and intermediate places, and coal formed a. considerable item of the freight.
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Action on the case, for an injury to Daniel Burlce, caused by the negligence of the defendants, brought by his administratrix, to the superior court in New London county, and tried to the jury on the general issue, before Butler, J. On the trial it appeared and was conceded that the defendants were engaged in the general business of transporting-passengers and freight from Norwich to Worcester and intermediate places, and coal formed a. considerable item of the freight. The coal was brought by vessels and transferred to the cars of the defendants at a wharf owned by them. To that wharf the…
1Opinion of the CourtMcCurdy, J.
The principle relied upon by the defendants, that a master is not liable to a servant for an injury to him occasioned by the misconduct or negligence of a fellow-servant, has been so often recognized both in this country and in England that it must now be considered as settled law. Two reasons are usually assigned for the rule; 1st. That the employed must be supposed to have contracted with reference to the perils of the business, including those which may arise from the character and conduct of his fellow employees ; and 2d. That public policy requires that each servant should be influenced…
2Cases cited2 opinions
- Barbaroux v. BarkerCourt of Appeals of Kentucky · 1862
- Corbin v. American MillsSupreme Court of Connecticut · 1858
3Cited by10 opinions
- Perille v. Raybestos-Manhattan-Europe, Inc.Supreme Court of Connecticut · 1985
- Nolan v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1898
- Douglass v. Peck & Lines Co.Supreme Court of Connecticut · 1915
- Reboni v. Case Brothers, Inc.Supreme Court of Connecticut · 1951
- Terry v. BurfordTennessee Supreme Court · 1914
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