Dillon v. Union Pac. R.
U.S. Circuit Court for the District of Nebraska
This case came before the court on demurrer to the petition. The action is brought [by John Dillon against the Union Pacific Bailroad Company] to recover for personal injuries to the plaintiff while serving the defendant.
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This case came before the court on demurrer to the petition. The action is brought [by John Dillon against the Union Pacific Bailroad Company] to recover for personal injuries to the plaintiff while serving the defendant. It appears from the allegations of the petition, that in August, 1869. the plaintiff was employed by the defendant as a locomotive engineer, to run between Wasatch, Utah, and Bryan, Wyoming, a distance of about 115 miles, and was put in charge of engine No. 63, which was without a signal bell-in the cab; that plaintiff continued to use the engine in this condition in hauling…
1Opinion of the Court
DILLON, Circuit Judge.
In determining this demurrer, it will be assumed without extended discussion that the established doctrine of the law, in the absence of statute ^regulation, is, that the servant assumes all the •ordinary risks of the service upon which he enters, including those risks which arise from the negligence of other servants of the same master in the same employment. The extent, of this rule and the scope of its operation we shall notice presently, so far as the allegations of the petition and the argument in support of its sufficiency make it necessary. But the general rule…
2Cases cited16 opinions
- Dolner v. The MonticelloU.S. Circuit Court for the District of Massachusetts · 1870
- Hayden v. Smithville Manufacturing Co.Supreme Court of Connecticut · 1861
- Davis v. Detroit & Milwaukee Rail RoadMichigan Supreme Court · 1870
- Mad River & Lake Erie Railroad v. BarberOhio Supreme Court · 1856
- Moore v. SanborneMichigan Supreme Court · 1853
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3Cited by5 opinions
- Detroit Crude-Oil Co. v. GrableCourt of Appeals for the Sixth Circuit · 1899
- Thompson v. Chicago, M. & St. P. Ry. Co.U.S. Circuit Court for the District of Minnesota · 1883
- Garrahy v. Kansas City, St. J. & C. B. R. Co.United States Circuit Court · 1885
- King v. Ohio, etc., R. Co.U.S. Circuit Court for the District of Indiana · 1882
- Alexander v. Tennessee & Los Cerrillos Gold & Silver Mining Co.New Mexico Supreme Court · 1884