Legal Opinion

Northern Pacific Railroad v. Hambly

Supreme Court of the United States

Decided May 26, 1894No. 187PublishedCited by 103 opinions

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF NORTH DAKOTA. This was an action by Hambly to recover damages for personal injuries sustained- by him while acting as helper to a crew of masons engaged in building a stone culvert fqr the defendant company on its right of way about two miles west of Jamestown in North Dakota. 'Upon the trial of the case before a jury, the following facts were proven and admitted to be true by both! parties, viz.: “ That the…

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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF NORTH DAKOTA. This was an action by Hambly to recover damages for personal injuries sustained- by him while acting as helper to a crew of masons engaged in building a stone culvert fqr the defendant company on its right of way about two miles west of Jamestown in North Dakota. 'Upon the trial of the case before a jury, the following facts were proven and admitted to be true by both! parties, viz.: “ That the plaintiff was a common laborer in the employ of the defendant company, . and at the time he received -the injury, which…

1Opinion of the CourtJustice Brown

The third question certified to this court, and the only one it is necessary for us to consider, involves the inquiry whether the plaintiff Hambly and the conductor and engineer of the passenger train were, either Jiy the common law or the statute of Dakota, fellow-servants in such sense as- to exempt the defendant railway from liability.

There is probably no subject connected with the law of negligence which has given rise to more variety of opinion than that of fellow-service. The authorities are hopelessly divided upon the general subject as well as upon the question here involved. It is…

2Cases cited19 opinions

  1. Hough v. Railway Co.Supreme Court of the United States · 1880
  2. Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
  3. Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
  4. Randall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1883
  5. Chicago, Milwaukee & St. Paul Railway Co. v. RossSupreme Court of the United States · 1884

14 more not listed; retrieve them via the Exa API.

3Cited by103 opinions

  1. Northern Pacific Railroad v. PetersonSupreme Court of the United States · 1896
  2. De Castro v. Board of Comm'rs of San JuanSupreme Court of the United States · 1944
  3. New England Railroad v. ConroySupreme Court of the United States · 1899
  4. American Bridge Co. v. SeedsCourt of Appeals for the Eighth Circuit · 1906
  5. Copper Queen Consolidated Mining Co. v. Territorial Board of Equalization of the Territory of ArizonaSupreme Court of the United States · 1907

98 more not listed; retrieve them via the Exa API.

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