Kirkpatrick v. St. Louis & S. F. R. Co.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Kansas. This was an action by the next of kin of Sanford C. Kirkpatrick, instituted in one of the courts of the state of Kansas to recover damages from the defendant railroad company for negligent acts committed in the state of Arkansas which resulted in his death. At the time in question Kirkpatrick was one of the crew engaged in the work of driving piles in the construction of a railroad bridge.
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In Error to the Circuit Court of the United States for the District of Kansas. This was an action by the next of kin of Sanford C. Kirkpatrick, instituted in one of the courts of the state of Kansas to recover damages from the defendant railroad company for negligent acts committed in the state of Arkansas which resulted in his death. At the time in question Kirkpatrick was one of the crew engaged in the work of driving piles in the construction of a railroad bridge. The crew was using an apparatus constructed on a flat car, consisting of a small engine in the rear and two upright leads in…
1Opinion of the CourtAdams, Circuit Judge
(after stating tlie case as above). An act in force in Arkansas, where the casualty in question occurred, subjected the company to liability for the negligent acts of any of its employés resulting in injury or death to another employe. Thereby the fellow servant doctrine, which might otherwise have been applicable to some phases of this case, is rendered inapplicable. Sand. & H. Dig. § 6248. For the purposes of this case, therefore, the acts of the foreman, if negligent, are imputable to the defendant itself. He was a vice principal.
In view of the proof it is doubtful if any negligence can be…
2Cases cited17 opinions
- Choctaw, Oklahoma & Gulf R. R. v. McDadeSupreme Court of the United States · 1903
- Railroad Co. v. JonesSupreme Court of the United States · 1877
- Texas & Pacific Railway Co. v. ArchibaldSupreme Court of the United States · 1898
- Texas & Pacific Railway Co. v. SwearingenSupreme Court of the United States · 1904
- St. Louis Cordage Co. v. MillerCourt of Appeals for the Eighth Circuit · 1903
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3Cited by13 opinions
- United States Smelting Co. v. ParryCourt of Appeals for the Eighth Circuit · 1909
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- Jackson v. Chicago, R. I. & P. Ry. Co.Court of Appeals for the Eighth Circuit · 1910
- Federal Lead Co. v. SwyersCourt of Appeals for the Eighth Circuit · 1908
- Central Coal & Coke Co. v. WilliamsCourt of Appeals for the Eighth Circuit · 1909
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