Pugmire v. Oregon Short Line R.
Utah Supreme Court
Appeal from District Court, Third District; M. L. "Ritchie, Judge. Action by Christine Pugmire against the Oregon Short Line Railroad Company. Judgment for plaintiff, and defendant appeals. APPELLANT^ POINTS. The relationship of master and servant is a contractual one, and that contract must possess all the essential elements necessary to the formation of a contract, the same as in all matters of contract.
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Appeal from District Court, Third District; M. L. "Ritchie, Judge. Action by Christine Pugmire against the Oregon Short Line Railroad Company. Judgment for plaintiff, and defendant appeals. APPELLANT^ POINTS. The relationship of master and servant is a contractual one, and that contract must possess all the essential elements necessary to the formation of a contract, the same as in all matters of contract. And another' indispensable element necessary to constitute a contract of employment, and by some authorities said to be the final test of the relation is this: That he whom it is sought to…
1Opinion of the CourtMcCARTY, C. J.
A rehearing was granted in this case, and we have again given the questions involved careful consideration. While we are still of the opinion that the result announced in the decision heretofore filed is correct, and that the judgment must be reversed, we are convinced that the opinion, in some particulars, ought to he modified. In view of such fact, the case is decided, ruled, and controlled by this opinion only.
The action in question was brought to recover for personal injuries alleged to have been sustained by plaintiff at Williams, in the state of Montana, where she was at work for…
2Cases cited20 opinions
- Kleiner v. . Third Avenue R.R. Co.New York Court of Appeals · 1900
- Tennessee Coal, Iron & Railroad v. HayesSupreme Court of Alabama · 1892
- Haluptzok v. Great Northern Railway Co.Supreme Court of Minnesota · 1893
- Rummell v. Dilworth, Porter & Co.Supreme Court of Pennsylvania · 1886
- Aga v. HarbachSupreme Court of Iowa · 1905
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- Brown v. SohSupreme Court of Connecticut · 2006
- Terry v. BurfordTennessee Supreme Court · 1914
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