Beutler v. Grand Trunk Junction Railway Co.
Supreme Court of the United States
CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT. The facts, which involve the determination of whether certain classes of employés of railroad companies are fellow-servants, are stated in the opinion.
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CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT. The facts, which involve the determination of whether certain classes of employés of railroad companies are fellow-servants, are stated in the opinion. A car repairer exclusively employed under a separate and special foreman in the car repair department of a railroad company whose duties never bring him in relation to or in contact with the persons comprising an engine and switching crew — exclusively engaged in a separate and distinct department known as the operating department — is not a fellow-servant with the members…
1Opinion of the CourtJustice Holmes
The deceased, Fetta, was at work in the repair yard of a railroad; other servants of the road, an engine and switching crew, ran a car needing repair from the general tracks into the special yard, and by their negligence killed him. There was no further relation between the parties than these facts disclose, and the question is certified whether they were fellow-servants within the rule that would exempt the railroad from liability in that case.
The doctrine as to fellow-servants may be, as it has been called, a bad exception to a bad rule, but it is established, and it is not open to courts…
2Cases cited5 opinions
- Kuhn v. Fairmont Coal Co.Supreme Court of the United States · 1910
- Northern Pacific Railroad v. HamblySupreme Court of the United States · 1894
- McCabe & Steen Construction Co. v. WilsonSupreme Court of the United States · 1908
- Santa Fe Pacific Railroad v. HolmesSupreme Court of the United States · 1906
- Texas & Pacific Railway Co. v. BourmanSupreme Court of the United States · 1909
3Cited by28 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- United States v. MayerSupreme Court of the United States · 1914
- Black & White Taxicab & Transfer Co. v. Brown & Yellow Taxicab & Transfer Co.Supreme Court of the United States · 1928
- Herron v. Southern Pacific Co.Supreme Court of the United States · 1931
- Hust v. Moore-Mccormick Lines, Inc.Oregon Supreme Court · 1946
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