This law explains who counts as a 'fellow servant' when workers get hurt on the job at a railroad or mine. Workers are fellow servants if they work for the same company, at the same time and place, doing the same kind of work, and none of them is the boss over the others. However, railroad workers in different departments are NOT considered fellow servants, even if they work for the same railroad.
537.190. defined. — All persons who are engaged in the common of such , or of any person, company or operating a mine or mines, and who while so engaged, are working together at the same time and place, to a common purpose of same grade, neither of such persons being entrusted by such railroad corporation, person, company, or corporation with any or control over their fellow employees, are fellow servants with each other; except that nothing herein contained shall be so as to make any of any railroad corporation in the service of such railroad corporation a fellow servant with any other agent or servant of such railroad corporation engaged in any other or service of such corporation.
(RSMo 1939 §§ 3667, 3674, A. 1949 H.B. 2135)
Prior revisions: 1929 §§ 3277, 3284; 1919 §§ 4228, 4235; 1909 §§ 5436, 5442
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Related Missouri laws
Vice-principals defined
RSMo 537.200
Negligence of fellow servant no defense in action by employee against railroad or mine
RSMo 537.180
Contracts limiting liability invalid
RSMo 537.210
Waiver of rights to damages by blind employee
RSMo 537.170
Political subdivisions to defend tort actions against firemen involving use of motor vehicles
RSMo 537.165
Construction and application of sections 537.180 to 537.210
RSMo 537.220
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.