Fellow Servants

Defined in 5 dictionaries — Cyclopedic (1922), Ballentine's (1916), Bouvier (1914), Black's (1910), Black's (1891)

The Cyclopedic Law Dictionary

Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

Certain servants of a common master, for injuries to one of whom by the negligence of another the master was not liable if he had exercised due care in the selection of the servants, and the providing of safe appliances. The doctrine is an exception to the rule of respondeat superior, and rests upon the reason that coservants are better able to guard against each other's negligence than the master is to protect them. The earliest English case is found in 3 ' Mees. & W. 1. Earliest American cases are found in 1 Mc Mull. (S. C.) 385, and 4 Mete. (Mass.) 49. The question of who are fellow servants has given rise to a diversity of rules in different jurisdictions, making a generar definition impossible. FELO DE SE (Lat.)

In criminal law. A felon of himself; a self-murderer. See "Suicide." FELONIA (Lat.) Felony; the act or offense by which a vassal forfeited his fee. Spelman; Calv, 'Lex. Per feloniam, with a criminal intention. Co. Litt. 391. Felonioe was formerly used also in the sense of "feloniously." Cunningham.

Ballentine's Law Dictionary

James A. Ballentine · 1916

Servants in a common employment, of the same master, and under his control. See 57 N. J. L. 400, 51 Am. St. Rep. 604, 31 Atl. 619. See, also, 36 Am. Dec. 287, note.

Bouvier's Law Dictionary and Concise Encyclopedia

John Bouvier; revised by Francis Rawle · 1914

Those engaged in the same common pursuit, under the same general control. Cooley, Torts 541. All who serve the same master, work under the same control, derive authority and compensation from the same common source, are engaged in the same general business, though it may be in different grades or departments of it, are fellow-servants who take the risk of each other's negligence. Thomp. Negl. 1026. As to the rights and liabilities growing out of this relation, see Master and Servant; Employers' Liability.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

The decided weight of authority is to the effect that all who serve the same master, work under the same control, derive authority and compensation from the same common source, and are engaged in the same general business, though it may be in different grades or departments of it, are fellow-servants, who take the risk of each other's negligence. 2 Thomp. Neg. p. 1026, § 31. And see McAndrews v. Burns, 39 N. J. Law, 119; Justice v. Pennsylvania Co., 130 Ind. 321, 30 N. E. 303; Wright v. New York Cent. R. Co., 25 N. Y. 565; Glover v. Kansas City Bolt Co.., 153 Mo. 327, 55 S. W. 88; Brunell v. Southern Pac. Co., 34 Or. 256, 56 Pac. 129; Doughty v. Penobscot Log Driving Co., 76 Me. 146; McMaster v. Illinois Cent. R. Co.., 65 Miss. 264, 4 South. 59, 7 Am. St Rep. 653; Daniels v. Union Pac. Ry. Co., 6 Utah, 357, 23 Pan. 762; Weeks v. Scharer, 129 Fed. 335, 64 C. C. A. 11.

A Dictionary of Law

Henry Campbell Black · 1891

“The decided weight of authority is to the effect that all who serve the same master, work under the same control, derive authority and compensation from the same common source, and are engaged in the same general business, though it may be in different grades or departments of it, are fellow-servants, who take the risk 2 are employed under the same masauthority and compensation from the on agurce, and are engaged in the same ess, although one is a foreman of tie the other a common laborer, are feilow- 76 Me. 143. two servants are employed by the same Mabor under the same control, derive their and receive their compensation from a n source, and are engaced in the same busithough in different departments of the comservice, they are fellow-servants. 62 Tex.