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fellow-servant rule
[ fel-oh sur-vuhnt ]
noun
- the common-law rule that the employer is not liable to an employee for injuries resulting from the negligence of a fellow employee.
Example Sentences
Assuming then the full burden of proof, the Affirmative propose to demonstrate that the assumption of risk and the fellow-servant rule as defined and interpreted by the common law should be abolished, first, because whatever reasons may have justified these doctrines in years gone by they have no application to industrial conditions in our day; and, secondly, because the abolition of these common law defenses will but place the burden of industrial loss, as in justice it should be placed, upon the ultimate consumer of the product of the industry.
Resolved, That in actions against an employer for death or injury of an employee sustained in the course of an industrial employment the fellow-servant rule and the rule of the assumption of risk as defined and interpreted by the common law, should be abolished.
The fellow-servant rule has been very generally abolished by statute, or in many States fellow servants have been defined and divided into classes so that the master is not relieved of liability when the injury to the servant is caused by the negligence of a servant not in actual fact his fellow, i.e., employed with him in his own particular work.
Much of the criticism of the courts has been due to the trials of personal injury cases under the principles of practice which held the fellow-servant rule, and assumption of risk and contributory negligence to be grounds of defense.
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