Neal v. Northern Pacific Railroad
Supreme Court of Minnesota
Appeal by defendant, Northern Pacific Railroad Company, from an order of the District Court of Ramsey County, John W. Willis, J., made October 25, 1893, denying its motion for a new trial after verdict for plaintiff, Thomas G-. Neal, for $18,525. The conclusion of the jury that the plaintiff and the quarry crew were not fellow servants has no possible weight, for it is not left to a jury to define who are or who are not fellow servants.
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Appeal by defendant, Northern Pacific Railroad Company, from an order of the District Court of Ramsey County, John W. Willis, J., made October 25, 1893, denying its motion for a new trial after verdict for plaintiff, Thomas G-. Neal, for $18,525. The conclusion of the jury that the plaintiff and the quarry crew were not fellow servants has no possible weight, for it is not left to a jury to define who are or who are not fellow servants. When the facts are in conflict and when in the law upon one state of facts the relation of fellow servant may exist, while upon the other side it does not…
1Opinion of the CourtMitchell, J.
This action was brought to recover damages for personal injuries caused by the alleged negligence of the defendant. The plaintiff was in the employment of the defendant as telegraph lineman, his duty being to> repair defendant’s telegraph line at such points as he might be directed. He received his orders from defendant’s assistant superintendent of telegraph.
On, and for some time prior to, the date of the accident, the defendant had a crew of men, under the direction of a foreman, engaged in blasting and quarrying rock upon the line of its road in the vicinity of Canton, Wash., for the…
2Cases cited10 opinions
- Chicago & Northwestern Railroad v. MorandaIllinois Supreme Court · 1879
- Sullivan v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1888
- Schaub v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1891
- Madden's Adm'r v. C. & O. Railway Co.West Virginia Supreme Court · 1886
- Smith v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1887
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3Cited by4 opinions
- Blomquist v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1895
- Lundquist v. Duluth Street Railway Co.Supreme Court of Minnesota · 1896
- Swartz v. Great Northern Railway Co.Supreme Court of Minnesota · 1904
- State v. CurrieSupreme Court of Minnesota · 1898