Fellow Servant - Law Dictionary Search Results
Home Dictionary Name: fellow servantFellow - servant
Fellow - servant, At Common Law a master is not liable to his servant for injury caused by the negligence of a fellow-servant, Priestly v. Fowler, (1837) 3 M. & W. 1, but this state of the law was altered by the (English) Employers Liability Act, 1880 (43 & 44 Vict. c. 42), at first limited to expire on the 31st December, 1887, but since continued by successive (English) Expiring Laws Continuance Acts. See COMMON EMPLOYMENT; WORK-MEN'S COMPENSATION ACT. At Common Law a master is not liable to his servant for injury caused by the negligence of a fellow-servant, Priestly v. Fowler, (1837) 3 M. & W. 1, but this state of the law was altered by the (English) Employers Liability Act, 1880 (43 & 44 Vict. c. 42), at first limited to expire on the 31st December, 1887, but since continued by successive (English) Expiring Laws Continuance Acts. See COMMON EMPLOYMENT; WORK-MEN'S COMPENSATION ACT....
fellow-servant rule
fellow-servant rule : a common-law rule or doctrine in tort law: an employer is not liable for injuries inflicted on one employee by the fault of another employee during the course of his or her employment NOTE: This rule is no longer used in most jurisdictions as a result of federal and state workers' compensation statutes. ...
Master and servant
Master and servant, a relation whereby a person calls in the assistance of others, where his own skill and labour are not sufficient to carry out his own business or purpose. See LABOURERS.Servants are of several descriptions:- 1st Servants in husbandry. These are very generally hired by the year, as from Michaelmas to Michaelmas, and this is an entire hiring for a year; and, unless otherwise stipulated, no wages are payable until the end of the year. Consult Burn's Justice, tit. 'Servants.'2nd Servants in particular trades. These (who are now more frequently termed 'workmen,' their masters being termed 'employers') are subject to the control of the magistrates under the (English) Employers and Workmen Act, 1875 (38 & 39 Vict. c. 90), and by the Truck Acts (see that title) their wages must be paid in coin.3rd Apprentices. These are placed with the master to learn his trade, with a view hereafter of following it themselves. See APPRENTICE.4th Menial or domestic servants. If no terms be ...
Common employment
Common employment. The general rule that a master is liable for damage caused by the negligence of his servant has the exception that where the person injured is the fellow-servant of and engaged in common employment with the person whose negligence causes the injury, the master is not liable in an action at Common law. The principle upon which the exception rests is that 'a servant who engages for the performance of services for compensation does as an implied part of the contract take upon himself, as between himself and his master, the natural risks and perils incident to the performance of such services; the presumption of law being that the compensation was adjusted accordingly, or, in other words, that these risks are considered in the wages' [per Balckburn, J., Morgan v. Vale of Neath R. Co., (1864) 5 B&S 578]. For review of cases, see Bray, J., in Cribb v. Kynoch, Ltd., (1907) 2 KB 548. The doctrine applies in spite of difference in rank or grade between the two servants, e.g.,...
Negligence
Negligence, acting carelessly, a question of law or fact or of mixed fact and law, depending entirely upon the nature of a duty, which the person charged with negligence has failed to comply with or perform in the particular circumstance of each case. A very convenient classification has been formulated corresponding to the degree of negligence entailing liability measured by the degree of care undertaken or required in each case, i.e., (1) ordinary, which is the want of ordinary diligence; (2) slight, the want of great diligence; and (3) gross, the want of slight diligence. A smaller degree of negligence will render a person liable for injury to infants than in the case of adults, see Cooke v. Midland Great Western Railway, 1909 AC 229; and Glasgow Corporation v. Taylor, (1922) 1 AC 44. There is also a peculiar duty to take precaution in the case of dangerous Articles, see Dominion Natural Gas Co. v. Collins, 1909 AC 640. This case should be distinguished from the principle in Fletche...
Public servant
Public servant, has the same meaning as in s. 21 of the Indian Penal Code. [Arms Act, 1959 (54 of 1959), s. 2(1)(j)]Public servant has the same meaning as in s. 21 of the Indian Penal Code. [Wealth-tax Act, 1957 (27 of 1957), s. 2]Public servant shall have the meaning assigned to it in s. 21 of the Indian Penal Code. [Protection of Human Rights Act, 1993 (10 of 1994), s. 2 ]The chairman of the managing committee of a muni-cipality is a 'public servant' within the meaning of the s. 2; Maharudrappa Danappa Kesarappanavar v. State of Mysore, AIR 1961 SC 785: (1962) 1 SCR 129.(ii) The Minister is a 'public servant'. In accordance with the instructions issued by the Government he was to preside over the meetings of the Advisory Committee. He was doing so as a Minister andin execution and discharge of his duty as such public servant, Dattatraya Narayan Patil v. State of Maharashtra, AIR 1975 SC 1685: (1976) 1 SCC 11: (1975) Supp SCR 145.(iii) For the purposes of this Act, 'public servant' me...
Fellow
Fellow, 'Fellow' means a Fellow Member of the Institute. [Company Secretaries Act, 1980 (56 of 1980), s. 2(1) (f)]Means a fellow member of the Institute, Actuaries Act, 2006, s. 2(g)....
Agent and servant
Agent and servant, an agent has to be distinguished on the one hand from a servant and on the other from an independent contractor. A servant acts under the direct control and supervision of his master and is bound to conform to all reasonable orders given in the course of his work.... An agent though bound to exercise his authority in accordance with all lawful instructions which may be given to him from time to time by principal, is not subject in its exercise to the direct control or supervision of the principal, Qamar Shaffi Tyabji v. CEPT, AIR 1960 SC 1269 (1271): (1960) 3 SCR 546.A servant acts under the direct control and supervision of the master, and is bound to conform to all reasonable orders given to him in the course of his work...An agent though bound to exercise his authority in accordance with all lawful instructions which may be given to him from time to time by his principal , is not subject in its exercise to the direct control or supervision of the principal, Chandi...
Any public servant
Any public servant, there is no reason why the phrase 'any public servant' used in the same context should be taken to mean any specified public servant, Mahesh Prasad v. State of Uttar Pradesh, AIR 1955 SC 70 (72): (1955) 1 SCR 965. (Penal Code, 1861, s. 161)...
Government servant
Government servant, means a government servant or employee as defined in r. 2(b) of the Maharashtra Civil Services (Conduct) Rules, 1979, and shall include the All-India Service Officers and Em-ployers (other than the Judicial officers) under the administrative control of the judiciary, The Maharashtra Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act, 2005, s. 2(f)....
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