Doctrine of common employment
idea · 2 works · 7 mentions · 15 anchored passages
common employment · doctrine of common employment · employer's liability · fellow-servant rule · Common employment · employers' liability · the doctrine of common employment
in the texts
The Law of Torts
The doctrine, originating in Massachusetts and adopted in England, that a master is not liable to a servant injured by a fellow-servant's negligence in a common employment.
The phrase “common employment” is frequent in this class of cases.
This artificial and unjust extension of a highly artificial rule has fortunately been stopped by the House of Lords.
All persons engaged under the same employer for the purposes of the same business, however different in detail those purposes may be, are fellow-servants in a common employment within the meaning of this rule:
Lectures on the Relation between Law and Public Opinion in England
The judge-made rule barring a workman's compensation claim for injury caused by a fellow-servant.
An employer, they held, was not liable to pay compensation to one of his servants or workmen for damage suffered through the negligence of a fellow-servant or fellow-workman in the course of their common employment.
Boston Railroad Corporation (1842), Bigelow, Leading Cases, 688.
In 1868, indeed, the House of Lords forced the doctrine upon the reluctant Courts of Scotland, Wilson v.