Supreme Court of United States.https://leagle.com/images/logo.png
Argued April 13, 1904.
Decided May 16, 1904.
Attorney(s) appearing for the Case
Mr. C.W. Bunn, Mr. Emerson Hadley and Mr. James B. Kerr for plaintiff in error, submitted.
Mr. A.M. Antrobus for defendant in error, cited as to obligation to provide orders and schedules of trains: B. & O.R.R. Co. v. Andrews, 1 C.C.A. 639; Nor. Pac. R.R. Co. v. Poirier, 15 C.C.A. 52; Lewis v. Seifert, 11 Atl. Rep. 514; Railroad Co. v. Camp, 13 C.C.A. 233; Oregon Short Line v. Frost, 21 C.C.A. 186; Danigan v. Railroad Co., 56 Connecticut, 285; Hough v. Railroad Co.,100 U.S. 213, 226; Nor. Pac. R.R. Co. v. Herbert,116 U.S. 642, 660.
Local operators and the train operators are not fellow servants. Bentz v. Railroad Co., 99 Fed. Rep. 657; 40 C.C.A. 56, distinguished, and see cases cited in that opinion; Dana v. Railroad Co., 92 N.Y. 639; Shehan v. Railroad Co., 91 N.Y. 332; Flike v. Railroad Co., 53 N.Y. 549; Booth v. Railroad Co., 91 N.Y. 38; Ell v. Nor. Pac. Ry. Co., 12 L.R.A. 97; Nor. Pac. Ry. Co. v. Mix, 121 Fed. Rep. 476.
The local operator is a vice principal. M.K. & T. Ry. Co. v. Elliott, 42 C.C.A. 188; Lewis v. Seifert, 116 Pa. St. 627; B. & O.R.R. Co. v. Camp, 13 C.C.A. 233; Hankins v. Railroad Co., 142 N.Y. 416; Harrison v. Railroad Co., 79 Michigan, 407; Hall v. Galveston &c. R.R. Co., 39 Fed. Rep. 18; Price v. Railroad Co., 145 U.S. 651.
Supreme Court of United States.
MR. JUSTICE BREWER, after making the foregoing statement, delivered the opinion of the court.
A servant is entitled to recover damages for injuries suffered through the personal fault or misconduct of his employer, but when the employer has been personally free from blame and the injury results from the fault or misconduct of a fellow servant it would seem reasonable that the wrongdoer should be alone responsible, and that...
Let's get started
Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders.
Updated daily.
Uncompromising quality.
Complete, Accurate, Current.
Listed below are the cases that are cited in this Featured Case. Click the citation to see the full
text of the cited case. Citations are also linked in the body of the Featured Case.
Cited Cases
No Cases Found
Listed below are those cases in which this Featured Case is cited. Click on the case name to see the
full text of the citing case.
