Union Pacific R. v. Billeter
Nebraska Supreme Court
Error to the district court for Dodge county. Tried below before Marshall, J. As Billeter and the engineer were in the same employment, for a common purpose, requiring the co-operation of both, they were fellow-servants, and even if the injury did result as charged, defendant in error cannot recover.
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Error to the district court for Dodge county. Tried below before Marshall, J. As Billeter and the engineer were in the same employment, for a common purpose, requiring the co-operation of both, they were fellow-servants, and even if the injury did result as charged, defendant in error cannot recover. (IlL JR. Co. v. Cox, 21 III., 20; Valtez v. JR. Co., 85 Id., 500; Conners v. Hennessy, 112 Mass., 96; Johnson v. Boston, 118 Id., 114; Harkins v. Sugar Refinery, 122 Id., 400.) The qualified rule in Ohio: Where different persons are employed in a common enterprise, and one is given no control…
1Opinion of the Court
Reese, Ch. J.
This action was instituted in the district court of Dodge county, and was for damages resulting from personal injuries received by defendant in error while loading coal into the tender of one of plaintiff’s engines from a chute or pocket at Valley Station on the line of plaintiff’s railroad.
In addition to the usual averments of the corporate capacity of plaintiff in error, it was alleged in the petition that plaintiff in error maintained an apparatus for receiving coal and loading the same into the tenders of the locomotives, called a pocket and apron, said pocket being…
2Cases cited1 opinion
- Young v. New York Central Rail RoadNew York Supreme Court · 1859
3Cited by2 opinions
- Ellinghouse v. Ajax Livestock Co.Montana Supreme Court · 1915
- Barnes v. MinorNebraska Supreme Court · 1907