Commentaries on the Law of Master and Servant, Including the Modern Laws on Workmen's Compensation, Arbitration, Employers' Liability, Etc., Etc Volum (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 edition. Excerpt: ... the SuPreme Court. Recovery was denied in The Ravensdale (1894) 63 Fed. 624; Olson v. Oregon Cool 4: Nov. 00. (1899) 96 Fed. 109; The Job T. Wilson (1897) 84 Fed. 204; The Westport (1905) 69 O. O. A. 235, 136 Fed. 391. But in the first case, the delinquent was merely the captain of a lighter, and his position did not involve the discharge of the functions usually associated with the masters of vessels. In all of them, flloreover, the negligence was such as might be considered nonofiicial 111 the sense in which that term is understood by many Federal courts. See 1472, ante. These rulings, therefore, are not entirely concluS1Ve-It can scarcely be denied that there is a certain inconsistency in 1 fi1sing to treat them as being at least departmental vice principals. When so far that character is ascribed to various classes of employees Whose functions are much less responsible than those of the master of a vessel. The captain of a yacht, in leaving a cannon loaded after firing a Salute, is a fellow servant of a seaman who was injured while clean111g the cannon. Sicvers v. Eyre (1903) 122 Fed. 734. The master of the vessel, While engaged in directing the speed Of the vessel, is not the fellow servant of the subordinate ofiicers and crew. The Hamilton (1906) 77 0.-0. A. 150, 146 Fed. 724 The master of a barge, with full authority to direct her movements and to hire additional help when needed, must be held the alter ego 0f the owner. Pennsylvania R. 00. v. Ha/rtell (1907) 85 C. 0. A. 335, 157 Fed. 667. I11 Fallon v. Oomell S. B. 00. (1908) 162 Fed. 329, it was held that the master of a vessel is not a fellow servant of one Of the crew 4346 oyer for the negligence of a general man-The liability of an empl...