A Treatise on the Law of Fellow-Servants: Embracing a Collection of Statutes English and American Changing Or Abrogating the Common Law Rule, Together with an Appendix Relating to Employes' Insurance Societies (Classic Reprint)

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Excerpt from A Treatise on the Law of Fellow-Servants: Embracing a Collection of Statutes English and American Changing or Abrogating the Common Law Rule, Together With an Appendix Relating to Employes' Insurance Societies

During the half century which has elapsed since Lord Abinger decided Priestly v. Fowler, the courts governed by the common law have been constantly afl'irming, limiting or applying the rule there laid down, ' viz: that a master is not liable to one of his servants for an injury occurring through the negligence of a fellow-servant. An experience of several years in editing and annotating decisions for the American and English Railroad Cases had convinced the author that there was an undue and unnecessary confusion among the de cided cases; that many of the courts failed very often to grasp the true principle of law underlying the doctrine. The present work is an effort to bring some order out of this chaos, to harmonize the authorities as far as possible, and to lay down certain rules by which all cases can be determined. The author has, he believes, collected and cited every decision, English and American, bearing upon the subject. Owing to the nature of the subject it has been thought advisable to give an abundance of illustration, especially upon points that are much disputed. As the subject is regulated by statutes in a number of states and in England, these acts have been set out in full along with whatever construction has been placed upon them by the courts.

Much might be said upon the question whether -the com mon law doctrine of co-service is either just or politic in view of the immense strides which all industries and labor employ ing enterprises, and especially railways, have made since the doctrine was first enunciated. This, however, is a question solely for the legislature and has been thought to be out of place in a work stating the law as it is. It has, however, been made the subject of several pamphlets by well known writers.

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