Weeks v. Scharer
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Colorado. Charles F. Scharer and Albert Murcrey wore fellow servants of H. T. Weeks at work in his mine in Colorado, when Murcrey carelessly dropped a jack screw down the shaft, and it broke Scharer’s leg. Seharer sued his employer, and alleged that the injury was caused by Ills failure to adopt reasonable rules for the operation of tlie mine, and by his failure to employ and retain competent workmen.
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In Error to the Circuit Court of the United States for the District of Colorado. Charles F. Scharer and Albert Murcrey wore fellow servants of H. T. Weeks at work in his mine in Colorado, when Murcrey carelessly dropped a jack screw down the shaft, and it broke Scharer’s leg. Seharer sued his employer, and alleged that the injury was caused by Ills failure to adopt reasonable rules for the operation of tlie mine, and by his failure to employ and retain competent workmen. The averments of the plaintiff were denied by the defendant. Fpon the second issue, which is the only one that; it is…
1Opinion of the CourtSanborn, Circuit Judge
The evidence discloses no authority in tlie shift boss to hire or to discharge men for the defendant. Elis power was limited to supervising the work of the employes intrusted to his care, and to directing them when, where, and how to do their work. There was no evidence of any negligence in the selection or employment of the workman whose carelessness caused the injury. Was notice to the shift boss of the incompetence of this servant notice to his master? Counsel for the plaintiff contend that this question was properly answered in the affirmative by the court below, and cite in support of…
2Cases cited45 opinions
- Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
- Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
- Randall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1883
- Wabash Railway Co. v. McDanielsSupreme Court of the United States · 1883
- Northern Pacific Railroad v. PetersonSupreme Court of the United States · 1896
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3Cited by13 opinions
- American Bridge Co. v. SeedsCourt of Appeals for the Eighth Circuit · 1906
- Southern Pac. Co. v. HetzerCourt of Appeals for the Eighth Circuit · 1905
- James Stewart & Co. v. NewbyCourt of Appeals for the Fourth Circuit · 1920
- Jackson v. Chicago, R. I. & P. Ry. Co.Court of Appeals for the Eighth Circuit · 1910
- Union Pac. R. v. MaroneCourt of Appeals for the Eighth Circuit · 1917
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