Frawley v. Sheldon

Supreme Court of Rhode Island

Frawley v. Sheldon

38 A. 370, 20 R.I. 258, 1897 R.I. LEXIS 95

DecidedOctober 9, 1897

StatusPublished

This text of 38 A. 370 (Frawley v. Sheldon) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Frawley v. Sheldon, 38 A. 370, 20 R.I. 258, 1897 R.I. LEXIS 95 (R.I. 1897).

Pincite

Opinion

Per Curiam.

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.

Demurrer sustained, and case remitted to the Common Pleas Division.

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Per Curiam.

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.

Demurrer sustained, and case remitted to the Common Pleas Division.

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Bluebook (online)

38 A. 370, 20 R.I. 258, 1897 R.I. LEXIS 95, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frawley-v-sheldon-ri-1897.