Chicago & Great Eastern Railway Co. v. Harney
Indiana Supreme Court
APPEAL from the Howard Common Pleas. Solomon R. Harney brought his action against The Chicago and Great Eastern Railway Company to recover damages for loss of .time, and for medical attendance upon his minor son, James JR. Harney, who was injured while in the service of said company. « . The complaint alleged that James JR. Harney, the son of the plaintiff', who was aged eighteen years, and was maintained and supported by the plaintiff', was, on the 18th day of September,…
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APPEAL from the Howard Common Pleas. Solomon R. Harney brought his action against The Chicago and Great Eastern Railway Company to recover damages for loss of .time, and for medical attendance upon his minor son, James JR. Harney, who was injured while in the service of said company. « . The complaint alleged that James JR. Harney, the son of the plaintiff', who was aged eighteen years, and was maintained and supported by the plaintiff', was, on the 18th day of September, 1865, employed by the defendant as a track hand on said road, in Tipton county, in the State of Indiana, in pursuance of a…
1Opinion of the CourtFrazer, J.
— We think that the demurrer to the complaint was correctly overruled. According to its averments, the son of the plaintiff was not engaged as a servant of the defendant when the injury occurred, in any sense where the general doctrine can be applied that a master is not liable to a servant for injuries resulting from the fault of a fellow-servant engaged in the same general business. That doctrine has its -foundations in justice and policy. The ordinary risks of the service in which one is engaged are usually, in fact, considered in making the engagement and adjusting the wages. And this…
2Cases cited2 opinions
- Mad River & Lake Erie Railroad v. BarberOhio Supreme Court · 1856
- Perry v. MarshSupreme Court of Alabama · 1854
3Cited by20 opinions
- Ohio & Mississippi R. W. Co. v. CollarnIndiana Supreme Court · 1881
- Atlas Engine Works v. RandallIndiana Supreme Court · 1885
- Cincinnati, Hamilton & Indianapolis Railroad v. MaddenIndiana Supreme Court · 1893
- Columbus & Indianapolis Central Railway Co. v. ArnoldIndiana Supreme Court · 1869
- First National Bank v. ChandlerSupreme Court of Alabama · 1905
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