Newport News & M. V. Co. v. Howe
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the District of Kentucky. At Law. Action by David C. Howe against the Newport News & Mississippi Valley Company to recover damages for personal injuries. Verdict and judgment for plaintiff. Defendant brings error. Reversed. Statement by Taft, Circuit Judge: This was a writ of error to reverse a judgment for $5,825, in favor of David Howe against the Newport News & Mississippi Valley Company.
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In Error to the Circuit Court of the United States for the District of Kentucky. At Law. Action by David C. Howe against the Newport News & Mississippi Valley Company to recover damages for personal injuries. Verdict and judgment for plaintiff. Defendant brings error. Reversed. Statement by Taft, Circuit Judge: This was a writ of error to reverse a judgment for $5,825, in favor of David Howe against the Newport News & Mississippi Valley Company. The defendant below was a corporation of the state of Connecticut, operating a railroad in Kentucky, and Howe was a brakeman in its employ. Howe…
1Opinion of the Court
Taft, Circuit Judge,
(after stating the facts.) We think the motion to direct a verdict for defendant should have been granted, and for two reasons: First, because the engineer, who, it is claimed, caused the accident by his negligence, was a fellow servant of the plaintiff below; and, second, because the negligence of the plaintiff contributed to cause the injury of which he complains.
First. The principle that among the risks incident 'to the business of the master which the servant, by” his implied contract of service, assumes, are those arising from the negligence of his fellow servants,…
2Cases cited14 opinions
- Swift v. TysonSupreme Court of the United States · 1842
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Burgess v. SeligmanSupreme Court of the United States · 1883
- Smith v. AlabamaSupreme Court of the United States · 1888
9 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Felton v. AubreyCourt of Appeals for the Sixth Circuit · 1896
- Louisville & N. R. v. East Tennessee, V. & G. Ry. Co.Court of Appeals for the Sixth Circuit · 1894
- St. Louis & S. F. Ry. Co. v. BennettCourt of Appeals for the Eighth Circuit · 1895
- Erie R. Co. v. KaneCourt of Appeals for the Sixth Circuit · 1902
- Kansas City, Ft. S. & M. R. Co. v. CookCourt of Appeals for the Sixth Circuit · 1895
16 more not listed; retrieve them via the Exa API.