Frawley v. Sheldon

Supreme Court of Rhode Island

Frawley v. Sheldon

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

Supreme Court of Rhode Island·Decided October 9, 1897·Published

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.

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

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