
    Jeremiah J. Frawley vs. Frank L. Sheldon.
    PROVIDENCE
    OCTOBER 9, 1897.
    Present : Matteson, C. J., Stiness and Tillinghast, JJ.
    The negligence of a fellow servant superior in rank, but into which the element of superiority as a servant does not enter, affords no cause- of action against the employer.
    Action op Trespass on the case for negligence.
    Heard on demurrer to the declaration.
    
      
      George A. Littlefield, for plaintiff.
    
      ■George T. Broivn, for defendant.
   Per Curiam.

The declaration, states a case merely of neg'ligence 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. Oriental Print Works, 11 R. I. 152.

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