Elliott v. Felton
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the District of Tennessee.
1Opinion of the Court
BURTON, Circuit Judge.
This was an action to recover damages for the negligent killing of Simon Matthews, the intestate of the plaintiff in error. Deceased was a brakeman in the employment of the defendant, and was killed in collision through the negligence of his own conductor. The court below, upon this conceded state of facts, instructed the jury that the deceased and his conductor were fellow servants, and that the defendant receiver was not liable for an injury of one fellow servant by another in the same common service. This instruction is assigned as error upon the ground that the…
2Cases cited23 opinions
- Dennick v. Railroad Co.Supreme Court of the United States · 1881
- Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
- Chicago, Milwaukee & St. Paul Railway Co. v. RossSupreme Court of the United States · 1884
- Leffingwell v. WarrenSupreme Court of the United States · 1862
- Bucher v. Cheshire RailroadSupreme Court of the United States · 1888
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3Cited by5 opinions
- Parramore v. Denver & R. G. W. R. Co.Court of Appeals for the Eighth Circuit · 1925
- Mabray v. Union Pac. R. Co.District Court, D. Colorado · 1933
- Wilson v. MassengillCourt of Appeals for the Sixth Circuit · 1942
- Three States Lumber Co. v. BlanksCourt of Appeals for the Sixth Circuit · 1904
- Tune v. Louisville & Nashville Railroad CompanyDistrict Court, M.D. Tennessee · 1963