Summerhays v. Kansas Pacific Railway Co.
Supreme Court of Colorado
Error to District Court, Arapahoe County. Case by plaintiff in error against defendant in error, to recover for injuries received by the former while engaged in the service of the latter as a brakeman on one of its trains.
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Error to District Court, Arapahoe County. Case by plaintiff in error against defendant in error, to recover for injuries received by the former while engaged in the service of the latter as a brakeman on one of its trains. The declaration alleged that the plaintiff was employed as a brakeman upon a train which was in charge of Thomas Donalson as conductor, and that, upon arriving at a station called Box-Elder, the conductor ordered that certain cars should be switched off and placed upon a side-track; that the conductor directed that such cars should not be uncoupled from the train until they…
1Opinion of the CourtBedford, J.
The declaration presents the ordinary case of a co-employee suing his employer for injuries resulting to him from the negligence and unskillfulness of another employee while engaged in a common employment. '
From a careful examination of the many authorities bearing on this subject, it would seem that a true statement of the rule as to the master’s exemption from liability for the negligent conduct of a co-employee in the same service, would be as follows :
The employee, in entering the service of the principal, takes upon himself all such risks as fall within his contract of service, or such…
2Cases cited6 opinions
- Laning v. . N.Y.C.R.R. Co.New York Court of Appeals · 1872
- Davis v. Detroit & Milwaukee Rail RoadMichigan Supreme Court · 1870
- Columbus & Indianapolis Central Railway Co. v. ArnoldIndiana Supreme Court · 1869
- Chamberlain v. Mil. & Miss. R. R.Wisconsin Supreme Court · 1860
- Moseley v. ChamberlainWisconsin Supreme Court · 1864
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Unfried v. Balt. & O. R'd Co.West Virginia Supreme Court · 1890
- Denver, S. P. & P. R. v. DriscollSupreme Court of Colorado · 1889
- Garrahy v. Kansas City, St. J. & C. B. R. Co.United States Circuit Court · 1885
- Kindel v. HallColorado Court of Appeals · 1896
- Kindel v. HallColorado Court of Appeals · 1896