Southwestern Fuel Co. v. Danielson
Court of Appeals for the Eighth Circuit
In Error to the Circuit, Court of the United States for the District of Minnesota. At Law. Action by Karl J. Danielson against the Northwestern Fuel Company for personal injuries. Judgment was given for plaintiff. Thereafter a premature execution was quashed, 55 Fed. Bep. 49. Defendant now brings error to reverse the judgment.
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In Error to the Circuit, Court of the United States for the District of Minnesota. At Law. Action by Karl J. Danielson against the Northwestern Fuel Company for personal injuries. Judgment was given for plaintiff. Thereafter a premature execution was quashed, 55 Fed. Bep. 49. Defendant now brings error to reverse the judgment. Statement by SANBOBN, Circuit Judge: This is a writ of error to reverse a judgment against the Northwestern Fuel Company, the plaintiff in error, in favor of Karl J. Danielson, the defendant in error, for a personal injury. The Northwestern Fuel Company, the defendant…
1Opinion of the CourtSanborn, Circuit Judge
The ground on which it is contended that the court below should have instructed the jury to return a verdict for the defendant, is that the foremen who tore down the hents were the fellow servants of the plaintiff, and that their negligence was the cause of his injury. It may well he doubted whether these men were ever fellow servants of the plaintiff. That claim rests on the assumption that the plaintiff was engaged with them in the common employment of clearing Hie dock of coal and other materials. No trestlework was being torn down when the plaintiff was employed. He was hired to load coal…
2Cases cited18 opinions
- Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
- Randall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1883
- Lake v. Atlantic WorksMassachusetts Supreme Judicial Court · 1872
- Delaware, Lackawanna & Western Railroad v. ConverseSupreme Court of the United States · 1891
- Schofield v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1885
13 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Travelers' Ins. v. MelickCourt of Appeals for the Eighth Circuit · 1894
- Galvin v. Brown & McCabeOregon Supreme Court · 1909
- Chicago G. W. Ry. Co. v. PriceCourt of Appeals for the Eighth Circuit · 1899
- Illinois Cent. R. v. HartCourt of Appeals for the Sixth Circuit · 1910
- Andresen v. KaercherCourt of Appeals for the Eighth Circuit · 1930
12 more not listed; retrieve them via the Exa API.