Tweeten v. Tacoma Ry. & Power Co.
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the Southern Division of the Western District of Washington; Edward E. Cush-man, Judge. Action by Q. Tweeten against the Tacoma Railway & Power Company. Judgment for defendant, and plaintiff brings error. The parties herein will be designated plaintiff and defendant, as they were • in the court below.
Read the full summary
In Error to the District Court of the United States for the Southern Division of the Western District of Washington; Edward E. Cush-man, Judge. Action by Q. Tweeten against the Tacoma Railway & Power Company. Judgment for defendant, and plaintiff brings error. The parties herein will be designated plaintiff and defendant, as they were • in the court below. The plaintiff was in the employment of the defendant as a common laborer, digging holes for poles to sustain electric wares. He had been so employed for five -months when he was called from his regular ■ work to assist the lineman in…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). [1, 2] The court below correctly ruled that the plaintiff was the fellow servant of Watson, the lineman under whose direction he was working, for, while under the settled rule of the Supreme Court of the state of Washington the doctrine is established that the question of fellow service will not be resolved by measuring the rank of the employés, but by the character of the act itself, that in order to be the representative of his principal, an employé need not be the foreman in charge of the work as a whole, or have authority to employ or discharge men, but…
2Cases cited26 opinions
- Snare & Triest Co. v. FriedmanCourt of Appeals for the Third Circuit · 1909
- Allend v. Spokane Falls & Northern Railway Co.Washington Supreme Court · 1899
- Howe v. Northern Pacific Railway Co.Washington Supreme Court · 1902
- Beutler v. Grand Trunk Junction Railway Co.Supreme Court of the United States · 1912
- Hill v. Northern Pac. Ry. Co.Court of Appeals for the Ninth Circuit · 1902
21 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Union Pac. R. v. MaroneCourt of Appeals for the Eighth Circuit · 1917
- Inland Power & Light Co. v. GriegerCourt of Appeals for the Ninth Circuit · 1937
- Johnson v. Chicago, M. & St. P. Ry. Co.District Court, W.D. Washington · 1915
- Wood v. Potlatch Lumber Co.Court of Appeals for the Ninth Circuit · 1914
- Thornton v. Puget Sound Power & Light Co.District Court, W.D. Washington · 1930
1 more not listed; retrieve them via the Exa API.