Legal Opinion

Railroad Company v. Fort

Supreme Court of the United States

Decided January 18, 1874PublishedCited by 88 opinions

Error to the Circuit Court for the District of Nebraska. Fort brought a suit in the court below to recover damages for au injury to his son, aged sixteen years, resulting in the loss of an arm, while in the employment of the Union Pacific Railroad Company.

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Error to the Circuit Court for the District of Nebraska. Fort brought a suit in the court below to recover damages for au injury to his son, aged sixteen years, resulting in the loss of an arm, while in the employment of the Union Pacific Railroad Company. The boy was employed in the machine shop of the company as.a workman or helper, under the superintendence and control of one Collett, and had been chiefiy engaged in receiving and putting away mouldings as they'eame from a moulding machine. After the service had been continued for a few months the boy, by the order of Collett, ascended a…

1Opinion of the CourtJustice Davis

It was assumed on behalf of the plaintiff in error, oh the argument of this cause, that the master is not liable to one of his servants for injuries, resulting from the carelessness of another, when both are engaged in a common service, although the injured person was under the control and direction of the servant who caused the ipjury. Whether this proposition, as stated, be true or not, we do not propose to consider, because, if true, it has no' application to this case.

It is apparent, from the findings in the present suit, if the rule of the master’s exemption from liability for the…

2Cited by88 opinions

  1. Hough v. Railway Co.Supreme Court of the United States · 1880
  2. Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
  3. Randall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1883
  4. Pittsburgh, Cincinnati & St. Louis Railway Co. v. AdamsIndiana Supreme Court · 1886
  5. Indiana Car Co. v. ParkerIndiana Supreme Court · 1885

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