Pyne v. C., B. & Q. R.
Supreme Court of Iowa
Appeal from Olarke District Oourt. The petition in this case contains two counts, or causes of action. In the first, the plaintiff demands $400 upon a contract of employment as a private detective.
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Appeal from Olarke District Oourt. The petition in this case contains two counts, or causes of action. In the first, the plaintiff demands $400 upon a contract of employment as a private detective. The second count is in these words: “As a further cause of action, your petitioner represents that on or about the 20th day of July, 1878, while in the employ of said defendant, as such detective, and acting under the immediate direction and instruction of the defendant, by its said agent, J. S. Wood, he was directed to proceed to a certain point on the defendant’s road to try to detect the guilty…
1Opinion of the CourtRothrock, J.
i. railroads: oo-eiipioyes. I. The plaintiff was a co-employe with the engineer by whose negligence it is alleged he was injured. They were both engaged in the same general business under one employer or master, and at common law neither could recover of the employer for an injury occasioned by the negligence of the other. Sullivan v. M. & M. R. Co., 11 Iowa, 421; Peterson v. The Whitebreast Coal & Mining Co., 50 Id., 673. The fact that one was a detective and the other a train man, and that they were thus engaged in different branches of the common service, can make no difference in the…
2Cases cited2 opinions
- Deppe v. Chicago, R. I. & P. R. Co.Supreme Court of Iowa · 1872
- Sullivan v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1860
3Cited by10 opinions
- Chicago, Milwaukee & St. Paul Railway Co. v. ArterySupreme Court of the United States · 1890
- Rayburn v. Central Iowa Railway Co.Supreme Court of Iowa · 1887
- Akeson v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Iowa · 1898
- Butler v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1893
- Keatley v. Illinois Central Railway Co.Supreme Court of Iowa · 1895
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