Sartin v. Oregon Short Line Railroad
Utah Supreme Court
Appeal from tbe Second District Court, Weber County, —Hon. H. H. Rolapp, Judge. Action to recover damages for personal injuries alleged to bave been caused by tbe negligence of tbe defendant. Prom a judgment in favor of tbe plaintiff, tbe defendant appealed. STATEMENT OF FACTS. In this action tbe plaintiff seeks to recover damages for personal injuries which be received while in tbe employ of tbe defendant railroad company.
Read the full summary
Appeal from tbe Second District Court, Weber County, —Hon. H. H. Rolapp, Judge. Action to recover damages for personal injuries alleged to bave been caused by tbe negligence of tbe defendant. Prom a judgment in favor of tbe plaintiff, tbe defendant appealed. STATEMENT OF FACTS. In this action tbe plaintiff seeks to recover damages for personal injuries which be received while in tbe employ of tbe defendant railroad company. It appears be entered tbe employ of tbe company on June 29,1902, in tbe State of Idaho, as a laborer and member of a “fence gang,” whose duty it was to repair and build…
1ConcurrenceBaskin, C. J.
There is an irreconcilable conflict as to who are fellow-servants in the decisions of both the Federal and various State courts upon the subject. In some of them, as stated in Beach on Contributory Negligence, sec. 324, it is held “that all who work for a. common master, or who are subject to a common control, or derive their compensation from a common source and are engaged in the same general employment, working to accomplish the same general end, though it may be in different departments or grades of it, are fellow-servants. ’ ’ In numerous .other decisions in both- the Federal Supreme…
2Cases cited3 opinions
- Daniels v. Union Pacific Railway Co.Utah Supreme Court · 1890
- Armstrong v. Oregon Short Line & Utah Northern Railway Co.Utah Supreme Court · 1893
- Snyder v. Viola Mining & Smelting Co.Idaho Supreme Court · 1891