Piscrek v. Victor American Fuel Co.
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the District of New Mexico; Colin Neblett, Judge. Action at law by Joseph Ivan Piscrek against the Victor American Fuel Company. Judgment for defendant, and plaintiff brings error.
1Opinion of the Court
STONE, Circuit Judge.
Error from judgment in personal injury suit entered on a directed verdict at the close of plaintiff’s case. The bases of the action of the court in directing the verdict were that there was no proof of negligence on the part of defendant, and that the proximate cause of the alleged injury was the act of a fellow servant. Counsel for plaintiff here contend that there was substantial evidence of negligence by defendant, and that the person causing the injury was not a fellow servant.
The allegations of negligence in the petition are that the defendant—
“negligently permitted…
2Cited by1 opinion
- In re Southern Pac. Co.District Court, S.D. New York · 1928