Sowles v. Norcross Bros.
Court of Appeals for the Second Circuit
' In Error to the Circuit- Court of the United States for the District of Vermont. Action by Elijah D. Sowles against the Norcross Bros. Company. There was a verdict for defendant, and plaintiff brings error. Writ of error to review a judgment of the Circuit Court,-District of Vermont, in an action by a servant to recover damages from a master for personal injuries. The verdict below was directed by the court in favor of the defendant.
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' In Error to the Circuit- Court of the United States for the District of Vermont. Action by Elijah D. Sowles against the Norcross Bros. Company. There was a verdict for defendant, and plaintiff brings error. Writ of error to review a judgment of the Circuit Court,-District of Vermont, in an action by a servant to recover damages from a master for personal injuries. The verdict below was directed by the court in favor of the defendant. Consequently, the plaintiff upon this writ of error is entitled to have the testimony considered from the point of view most favorable to him, and so…
1Opinion of the CourtNoyes, Circuit Judge
(after stating the facts as above). The action of the trial court in directing a verdict for the defendant upon the ground that Faucher was a fellow-servant of the plaintiff was necessarily based upon the assumption that there was evidence sufficient to justify the jury in finding that he was so negligent in his directions regarding the construction of the derrick that if he stood in the position of vice-principal, the defendant was liable—otherwise the character of his acts was unimportant and the direction uncalled for. Consequently, in reviewing the decision it is our duty to make the same…
2Cases cited14 opinions
- Callan v. BullCalifornia Supreme Court · 1896
- Kimmer v. . WeberNew York Court of Appeals · 1897
- Ross v. WalkerSupreme Court of Pennsylvania · 1891
- Arkerson v. DennisonMassachusetts Supreme Judicial Court · 1875
- Fraser v. Red River Lumber Co.Supreme Court of Minnesota · 1891
9 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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