Frawley v. Sheldon
20 R.I. 258
R.I.
1897
Check Treatment

The declaration states a case merely of negligence of a fellow servant. The fact that the foreman who caused the accident was superior in rank to the plaintiff does not entitle him to sue the master, since the negligence alleged was the careless dropping of a hook by the foreman — an act into which the element of his superiority as a servant did not enter. Mann v. OrientalPrint Works, 11 R.I. 152.

Demurrer sustained, and case remitted to the Common Pleas Division.