caa a22 4500 386345023 CHVBK 20180307111808.0 cr unu---uuuuu 161130s1989 xx s 000 0 eng 10.2307/743781 doi S0738248000010348 pii (NATIONALLICENCE)cambridge-10.2307/743781 Konefsky Alfred S. "As Best to Subserve Their Own Interests”: Lemuel Shaw, Labor Conspiracy, and Fellow Servants [Elektronische Daten] [Alfred S. Konefsky] Over thirty years ago, Leonard Levy, building explicitly on suggestions first offered by Walter Nelles, and implicitly on observations made by Roscoe Pound, commented on the unusual conjunction of two decisions announced within weeks of each other in 1842 by Lemuel Shaw, Chief Justice of the Massachusetts Supreme Judicial Court. The cases, Farwell v. Boston & Worcester Railroad which helped create the fellow servant rule in the United States, and Commonwealth v. Hunt, which involved a prosecution for criminal conspiracy for organizing a labor union as a closed shop, seemed at odds. Hunt appeared to expand worker rights to collective action, while Farwell appeared to restrict worker rights to compensation from workplace injuries. Shaw's apparent protection of a worker's right to organize, "a pro-worker stance,” seemed to conflict with his refusal to recognize a worker's right to recover for an industrial accident in particular circumstances, "an anti-worker stance.” The question is obvious—how can these decisions be made compatible, or does their incompatibility have to be accepted with a shrug of the shoulders and a nod toward the evolutionary progress of the common law? Copyright © the American Society for Legal History, Inc. 1989 Law and History Review Cambridge University Press 7/1(1989), 219-239 0738-2480 7:1<219 1989 7 LHR https://doi.org/10.2307/743781 text/html Onlinezugriff via DOI 1 research-article jats NATIONALLICENCE 856 40 https://doi.org/10.2307/743781 text/html Onlinezugriff via DOI NATIONALLICENCE 100 1- Konefsky Alfred S. NATIONALLICENCE 773 0- Law and History Review Cambridge University Press 7/1(1989), 219-239 0738-2480 7:1<219 1989 7 LHR CC0 http://creativecommons.org/publicdomain/zero/1.0 nationallicence BK010053 XK010053 XK010000 NATIONALLICENCE NATIONALLICENCE NL-cambridge