Wyldes v. Patterson
North Dakota Supreme Court
Appeal from tlie District Court for Burleigh County, Winchester, J. Action for damages sustained by reason of personal injuries received by plaintiff while in the employ of defendant. From a directed verdict for defendant, plaintiff appeals.
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Appeal from tlie District Court for Burleigh County, Winchester, J. Action for damages sustained by reason of personal injuries received by plaintiff while in the employ of defendant. From a directed verdict for defendant, plaintiff appeals. Statement by Beuce, J. Plaintiff, a minor about nineteen years of age, brings this action through his guardian to recover damages for personal injuries received by him while in defendant’s employment as a common laborer engaged in and about the construction of a seven-story hotel building in the city of Bismarck. The accident occurred during the time the…
1Opinion of the CourtBruce, J.
The rule which excuses a master for the negligence of a coemployee was not recognized at all in the common law prior to the year 1837, or in America prior to 1838. In the parent case of Priestley v. Fowler, 3 Mees. & W. 1, Murph. & H. 305, 1 Jur. 987, 7 L. J. Exch. N. S. 42, 19 Eng. Rul. Gas. 102, the servant of a butcher was injured by the overloading of a butcher’s wagon by a fellow servant, and in which he was directed by his master to ride. The case was clearly one in which the servant could reasonably and easily have protected himself, and was evidently decided upon that theory. “The *223mere…
2Cases cited5 opinions
- Barbaroux v. BarkerCourt of Appeals of Kentucky · 1862
- Ell v. Northern Pacific RailroadNorth Dakota Supreme Court · 1891
- Polaski v. Pittsburgh Coal Dock Co.Wisconsin Supreme Court · 1908
- Savino v. Griffin Wheel Co.Supreme Court of Minnesota · 1912
- Hunter v. Northern Iowa Brick & Tile Co.Supreme Court of Iowa · 1912
3Cited by2 opinions
- Wyldes ex rel. McLaughlin v. PattersonNorth Dakota Supreme Court · 1915
- Prefontaine v. Great Northern Railway Co.North Dakota Supreme Court · 1924