Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-02-02

Cumberland. SIS. Albert F. Small KS.
Arlington and Curtis Manufacturing
GO. Rescript.
Wfswell. Chief Justice The doctrine
that n superior servant is. on account
that a superior servant is. on that
account a vicc-principal representing
his master. rather than a fellow ser
want with others employed by the
same master and engaged in the same
work does not prevail in this State.
and is not supported by the weight of
authority. The masters liability to
one servant for the negligence Of
another in no way depends upon The
superior rank Of the negligent servant
4 servant of any grade may be en-
pi0yed in the discharge Of the partl' u
lar and personal duties which the mas
ter owes to tho servant. as When n" is
engaged in the duty Of providing safe.
suitable and sufficient machinery and
appliances. While engaged in such M
pIoyment. although at other times he
may be only fellow servant with
other employees. he becomes a Vice
principal and his master is liable for
his negligence. because the perform
gated by a master 50 as 10 relieve him
self from the consequence Of negligence
III these respects.
The test which determines the mas
ter's liability for the negligence of one
emp!oye whereby injury is caused to
another. is the nature of the duty hat
is being performed by the negligent
servant at the time of the injury. and
not the comparative grades Of The two
servants.
Held, that the evidence in this case
| does not disclose any negligence upon
the part OF the defendant. That the
! accident whereby the plaintiff sus
tanned injury was caused by the negli-
genCe of the plaintiff and his fellow
! servants. or some one of them: and
| that the defendant had performed its
| full duty when it had provided suitable
| appliances necessary for the work that
| was being done at the time Of the acct
dent. and had employed competent and
sufficient Wogkmen.
! Held also that the defendants
superintendent. although occupying the
| position of a vice principal while en-
gagged in the performance Of those
duties that the defendant owed to its
| employees in providing all the neCes-
sary and proper appliances and
materials. in the performance of the
work that was being done at the time
of the accident. was a fellow servant
of the plaintiff. who was employed and
engaged in carrying out the same pur
nose. and that even if negligence could
be attributed t. the superintendent in
! 49, ~; = nc
the negligence of a fellow servant, for
which the defendant is not liable.
! Motion sustained. New trial granted.
Cumberland, So. Portland Extension
Railroad Co appellant from Decision
Of Board of Railroad Commissioners Of
Maine. Rescript.
Wiswell. Chief Justice Chapter 119
Public Laws of 1899 did not repeal
chapter 249 Public Laws of 1897. which
gave if that act is constitutional. an
appeal to the supreme judicial court
from the decision of the board of rail
road commissioners upon the question
as to whether public convenience re-
nuires the construction of street rail-
road.
The only effect OF the act of 1859. in
this respect. was to make the question
as to whether public conveyance re-
puires construction of 4 street railroad
for public use. determinabIe by the
railroad commissioners in the first in
stance. before they endorsed their ap-
prevail upon the articles of association
of the corporation, instead of later. The
right of appeal to the supreme judicial
court from their determination of that
question. is given now precisely as II
lnfLlI.. t.XL.Lni lllI In nlltlS. lOl