Fellow Servant Rule

Fellow Servant Rule

A former defense used in lawsuits whereby an employer claimed he/she was not responsible for an employee's work-related injury because another employee caused it. Workers compensation laws have replaced the fellow servant rule.
References in periodicals archive ?
For example, although Hinde's chapter on the 1909 explosion is very good, his discussion of mine safety might have profited from James Whiteside' s fine study, Regulating Danger: The Struggle for Mine Safety in the Rocky Mountain Coal Industry (Lincoln, Nebraska 1990), a book that includes an excellent summary of the common-law concepts--assumption of risk, the fellow servant rule, and contributory negligence--which informed the attitudes of courts and employers to mine safety, prior to the passage of liability acts.
These defenses include the fellow servant rule, the assumption of risk rule, and the contributory negligence rule.
By contrast, the few judges who rejected the fellow servant rule and upheld employers' vicarious liability for the negligence of one employee that resulted in injury to another did so by appealing to the importance of effective managerial control over the workplace.
See Comment, The Creation of a Common Law Rule: The Fellow Servant Rule, 1837-1860, 132 U.
Even after the development of the fellow servant rule, slaves and seamen were exempted from the contractarian logic of the law of workplace accidents.
201, 203 (1854), the plaintiff's position was that where the employer had placed "one person in his employ under the direction of another," and where the subordinate employee "was acting under his orders and control, at the time he received the injury," a plaintiff might recover despite the general validity of the fellow servant rule.
349, 357 (1894) (holding that the fellow servant rule attached only where the injured employee could be said to have had "contact" with the fellow servant whose negligence caused the injury); Gillenwater v.
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