Chief Justice Shaw
historical figure · 2 works · 3 mentions · 4 anchored passages
Shaw
in the texts
The Law of Torts
Chief Justice of Massachusetts whose judgments are treated as the principal source of both the social-duty rationale for master's liability and the fellow-servant (common employment) doctrine.
for the like result was a few years afterwards arrived at by Chief Justice Shaw of Massachusetts by another way, and in a judgment which is the fountain-head of all the later decisions, and has now been judicially recognized in England as “the most complete exposition of what constitutes common employment”.
The master, in the case supposed, is not exempt from liability because the servant has better means of providing for his safety when he is employed in immediate connexion with those from whose negligence he might suffer, but because the implied contract of the master does not extend to indemnify the servant against the negligence of any one but himself;
A better account was given by Chief Justice Shaw of Massachusetts.
The Genius of the Common Law
A Massachusetts judge credited with laying down the fellow-servant doctrine in a leading judgment.
It was a Massachusetts case in which, within a few years, Chief Justice Shaw fairly took it in hand, and laid down the ‘fellow-servant doctrine’ in one of his most able judgments.