Superior Servant Rule Law and Legal Definition

Superior servant rule is the common-law rule that an employee assumes the risk of the negligence of his superior fellow servant in directing employees, the operation of machinery, and the conduct of the work, to the same extent that he assumes the risk of the negligence of fellow laborers employed with him in the performance of the work.

The rule, as promulgated by the Supreme Court of Ohio, is that where one servant is placed, by his master, in a position of subordination to another, and subjected to his orders and control, and such inferior servant, without fault, and while in the discharge of his duties, is injured by the negligence of the superior servant, the master is liable for such injury; and this is true even though, at the time of the injury, the superior servant was performing the duties of a common workman. [Moore v. Dublin Cotton Mills, 127 Ga. 609, 622-623 (Ga. 1907)].