Legal Dictionary of Pakistan

fellow-servant rule

A common-law doctrine holding that an employer is not liable for an employee's injuries caused by a negligent coworker. ( This doctrine has generally been abrogated by workers'-compensation statutes. In some jurisdictions, employees were considered fellow servants when they were working with one aim or result in view. In others, the relation of fellow servant was tested by the "doctrine of vice principal," meaning that an employer is liable for injuries to an employee if they result from the negligence of another employee who is given power of control or direction over the injured employee. - Also termed common-employment doctrine. "[T]here are numerous orthodox instances in history of the judge making a legal principle; for the bulk of the common law was 'made: by them, and the fellow-servant rule in employer's liability is a typical modern instance ' John Henry Wigmore, Problems of Law 66 (1920).