Braegger v. Oregon Short Line Railroad
Utah Supreme Court
Appeal from the First District Court, Box Elder Comity.— Son. O. H. Hart, Judge. Action to recover damages for personal injuries alleged to have been occasioned through the negligence of the defendant. From a judgment in favor of the plaintiff, the defendant appealed. The question whether the relation of fellow-servants exists in a given case, is one of fact for the jury. Hass v. Phila., etc., S. S. Co., 88 Pa.
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Appeal from the First District Court, Box Elder Comity.— Son. O. H. Hart, Judge. Action to recover damages for personal injuries alleged to have been occasioned through the negligence of the defendant. From a judgment in favor of the plaintiff, the defendant appealed. The question whether the relation of fellow-servants exists in a given case, is one of fact for the jury. Hass v. Phila., etc., S. S. Co., 88 Pa. St. 269; Holton v. Daly, 4.U1. App. 25; Chamberlain v. R. R. Co., 11 Wis. 238; Ryan v. Cumberland Valley R. R. Co., 23 Pa. St. 384; Indianapolis & St. Louis R. R. Co., etc., v.…
1Opinion of the Court
BARTCII, I.
This action was brought to recover damages for personal injuries alleged to have been occasioned through the negligence of the defendant. It appears from the evidence that the plaintiff was employed as section hand in the track department; that at the time of the injury he was, by direction of the section foreman, in a box car, unloading culverts and ties from the car, which was standing on a sidetrack; and that the injury was caused by the engineer of a freight train running some cars in on the side track against the box car. The engineer was employed in the mechanical department.…
2Cases cited8 opinions
- Indianapolis & St. Louis Railroad v. MorgensternIllinois Supreme Court · 1883
- Croco v. Oregon Short Line RailroadUtah Supreme Court · 1898
- Mangum v. Bullion, Beck & Champion Mining Co.Utah Supreme Court · 1897
- Nelson v. Southern Pacifc Co.Utah Supreme Court · 1897
- Chicago & Alton Railroad v. KellyIllinois Supreme Court · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Jensen v. Denver & Rio Grande Ry. Co.Utah Supreme Court · 1914
- Pauly v. McCarthyUtah Supreme Court · 1947
- Geary v. CainUtah Supreme Court · 1927
- Corbett v. Oregon Short Line RailroadUtah Supreme Court · 1903
- Jenkins v. Mammoth Mining Co.Utah Supreme Court · 1902
5 more not listed; retrieve them via the Exa API.