Union Pac. Ry. Co. v. Callaghan
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Colorado. At Law. Action by James Callaghan against the Union Pacific Railway Company for personal injuries. Judgment was given for plaintiff. Defendant brings error.
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In Error to the Circuit Court of the United States for the District of Colorado. At Law. Action by James Callaghan against the Union Pacific Railway Company for personal injuries. Judgment was given for plaintiff. Defendant brings error. Statement by SAín’BORX, Circuit Judge: On the 18th day of August, 1890, a repair train operated by the Union Pacific Railway Company, the plaintiff in error, hereafter called the defendant, fell through a defective bridge, and James Callaghan, the defendant in error, hereafter called the plaintiff', who was riding upon it, was injured. He sued the defendant…
1Opinion of the Court
SANBORN, Circuit Judge,
(after stating the facts.) Under the decision of the supreme court in Railroad Co. v. Ross, 112 U. S. 377, 5 Sup. Ct. Rep. 184, it must he held that, so far as this plaintiff was concerned, the conductor of this traiu was the defendant’s vice principal, and that the railway company was liable for any damage to the plaintiff caused by his negligence.
It is also well settled that a master is liable for an injury to a servant which is caused by Ms own negligence and the concurrent negligence of a fellow servant. Railway Co. v. Cummings, 106 U. S. 700, 702, 1 Sup. Ct. Rep.…
2Cases cited12 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Insurance Co. v. BoonSupreme Court of the United States · 1877
- Chicago, Milwaukee & St. Paul Railway Co. v. RossSupreme Court of the United States · 1884
- Lake v. Atlantic WorksMassachusetts Supreme Judicial Court · 1872
- Grand Trunk Railway Co. v. CummingsSupreme Court of the United States · 1883
7 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Western Commercial Travelers' Ass'n v. SmithCourt of Appeals for the Eighth Circuit · 1898
- Miller v. Union Pacific R. Co.Supreme Court of the United States · 1933
- Cole v. German Savings & Loan Soc.Court of Appeals for the Eighth Circuit · 1903
- Thornton v. Travelers InsuranceSupreme Court of Georgia · 1902
- Travelers' Ins. v. MelickCourt of Appeals for the Eighth Circuit · 1894
34 more not listed; retrieve them via the Exa API.