Chicago, Burlington & Quincy Railroad v. Anderson
Nebraska Supreme Court
Error from the district court of Custer county. Tried below before Gaslin, J. The opinion contains a statement of the facts. Where several persons are employed in the same general service, and one is injured by the carelessness of another, the employer is not responsible, though the negligent servant is a superior in grade of employment to the one injured (Deering, Negligence, sec. 204), and this rule includes foreman, superintendent, and boss.
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Error from the district court of Custer county. Tried below before Gaslin, J. The opinion contains a statement of the facts. Where several persons are employed in the same general service, and one is injured by the carelessness of another, the employer is not responsible, though the negligent servant is a superior in grade of employment to the one injured (Deering, Negligence, sec. 204), and this rule includes foreman, superintendent, and boss. (McLean v. Blue Point Gravel Mining Co., 51 Cal., 255; Chicago & T. P. Co. v. Simmons, 11 111. App., 147; Floyd v. Sugden, 134 Mass., 563; Malone v.…
1Opinion of the Court
Irvine, C.
The defendant in error was a section man in the employ of the plaintiff in error, and on the evening of November 21, 1890, was engaged, together with one Bingham, the “section boss,” and one Dunlap, a road master, in loading three railroad rails upon a flat car at the station of Mason, in Custer county. While loading the rails, one of them.,, while being lifted upon the car, fell back in some manner and struck the hand of defendant in error, injuring itquiteseverely. This action was begun by defendant in error to recover damages for the injuries so sustained, and resulted in a…
2Cases cited2 opinions
- Chicago, Saint Paul, Minneapolis & Omaha Railway Co. v. LundstromNebraska Supreme Court · 1884
- Sioux City & Pacific R. R. v. SmithNebraska Supreme Court · 1888
3Cited by4 opinions
- Barker v. StateNebraska Supreme Court · 1898
- Tobey v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1895
- Meyer v. Rosenblatt & SonNebraska Supreme Court · 1930
- Clark v. HughesNebraska Supreme Court · 1897