Atlantic Coast Line R. v. Farmer
Court of Appeals for the Fourth Circuit
In Error to the Circuit Court of the United States for the District of South Carolina, at Elorence. Action by C. E. Farmer against the Atlantic Coast Line Railroad Company. Judgment for plaintiff, and defendant brings error.
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In Error to the Circuit Court of the United States for the District of South Carolina, at Elorence. Action by C. E. Farmer against the Atlantic Coast Line Railroad Company. Judgment for plaintiff, and defendant brings error. On the 1st day of April, 1907, defendant In error instituted this action in the court of common pleas for Elorence county, S. C., against plaintiff in error to recover the sum of $10,000 damages alleged to have been sustained by him as the result of certain personal injuries suffered while in the employ of the railroad company. The complaint alleged : That on August 2,…
1Opinion of the CourtPritchard, Circuit Judge
(after stating the facts as above). The first question to be determined is as to whether the injuries sustained by the defendant in error were due to the negligence of a fellow servant; in other words, whether such injuries resulted from the negligence of the engineer who was in charge of the shifting engine at the time the accident occurred. The question as to whether the engineer was a fellow servant of the defendant in error must necessarily depend upon the law relating to fellow servants as declared by the Supreme Court of South Carolina. The learned judge who heard this case below was of…
2Cases cited14 opinions
- Randall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1883
- Wilson v. Charleston & Savannah Ry.Supreme Court of South Carolina · 1897
- Brabham v. American Telephone & Telegraph Co.Supreme Court of South Carolina · 1905
- Jarrell v. Charleston & Western Carolina Ry.Supreme Court of South Carolina · 1900
- Martin v. Royster Guano Co.Supreme Court of South Carolina · 1905
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3Cited by1 opinion
- Farmer v. Atlantic Coast Line R.District Court, E.D. South Carolina · 1913