20 R.I. 258
38 A 370
Decided October 9, 1897
Supreme Court of Rhode Island · decided 1897-10-09
<p>The negligence of a fellow servant superior in rank, but into which the element of superiority as a servant does not enter, affords no cause- of action against the employer.</p>
Cited by 3 later decisions — most recently April 1940
3 state decisions
Relies on Mann v. Oriental Print Works
Good law ✅— No negative treatment on recordhow we know
Heard on demurrer to the declaration · Decided 1897-10-09
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¶1 The declaration, states a case merely of neg'ligence of a fellow servant. The fact that the foreman who caused the accident was superior in rank to the plaintiff does not entitle him to sue the master, since the negligence alleged was the careless dropping of a hook by the foreman —an act into which the element of his superiority as a servant did not enter. Mann v. Oriental Print Works, 11 R. I. 152.
¶2 Demurrer sustained, and case remitted to the Common Pleas Division.