Gorman v. Woodbury

53 N.E. 373, 173 Mass. 180, 1899 Mass. LEXIS 1055

Opinion

Hammond, J.

The negligence, if any there was, was not that of the superintendent O’Brien, but of Murphy and his companion, who were at work driving wedges into the bank. These latter were fellow servants of the plaintiff, and, there being no claim that they were unsuitable persons for that work, the defendants are not answerable to the plaintiff for their negligence, either at common law or under the statute. Gouin v. Wampanoag Mills, 172 Mass. 222. Exceptions overruled.