superior servant rule

superior servant rule
The common-law rule that an employee assumes the risk of the negligence of his superior fellow servant in directing employees, the operation of machinery, and the conduct of the work, to the same extent that he assumes the risk of the negligence of fellow laborers employed with him in the performance of the work. 35 Am J1st M & S § 364. As promulgated by the supreme court of Ohio, the rule was that, where one servant was placed, by his master, in a position of subordination to another, and subjected to his orders and control, and such inferior servant, without fault, and while engaged in the discharge of his duties, was injured by the negligence of the superior servant, the master was liable for such injury; and this was true even though, at the time of the injury, the superior servant was performing the duties of a common workman. Moore v Dublin Cotton Mills, 127 Ga 609, 56 SE 839.

Ballentine's law dictionary. . 1998.

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