Ell v. Northern Pacific Railroad
North Dakota Supreme Court
APPEAL from district court, Stutsman county; Roderick Rose, Judge. Tbe judgment can be sustained only by tbe adoption of tbe superior servant limitation of tbe fellow-servant rule. Tbe idea tbat tbe master is responsible to inferior servants for acts of superiors bas produced confusion in tbe decisions. In general it is favored by tbe southern and western courts, and by tbe U. S. supreme court; but is repudiated by courts whose number and authority (saving tbeU.
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APPEAL from district court, Stutsman county; Roderick Rose, Judge. Tbe judgment can be sustained only by tbe adoption of tbe superior servant limitation of tbe fellow-servant rule. Tbe idea tbat tbe master is responsible to inferior servants for acts of superiors bas produced confusion in tbe decisions. In general it is favored by tbe southern and western courts, and by tbe U. S. supreme court; but is repudiated by courts whose number and authority (saving tbeU. S. supreme court) outweighs tbat of those favoring the doctrine: McKinley on Fellow Servants, §§ 111 to 167; Dillon in 24 Am. Law…
1Opinion of the CourtCorliss, C. J.
This litigation has its origin in an injury sustained by plaintiff while in the employ of the defendant. He, with several others, was engaged in removing long piles from a platform car to bents on the north side of the defendant’s track. These bents were heavy timbers resting on piles driven in the ground, and running at right angles with the track, and the ends nearest to the track were about five feet therefrom. They were the same height as the platform of the car. At the time the accident occurred they were covered over with piles to within two feet from the ends nearest to the track. The…
2Cases cited36 opinions
- Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
- Randall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1883
- Chicago, Milwaukee & St. Paul Railway Co. v. RossSupreme Court of the United States · 1884
- Crispin v. . BabbittNew York Court of Appeals · 1880
- Indiana Car Co. v. ParkerIndiana Supreme Court · 1885
31 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Burns v. EmingerMontana Supreme Court · 1929
- Grattis v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1900
- Southern Indiana Railway Co. v. MartinIndiana Supreme Court · 1903
- Storley v. Armour & Co.Court of Appeals for the Eighth Circuit · 1939
- Jackson v. Norfolk & W. R.West Virginia Supreme Court · 1897
21 more not listed; retrieve them via the Exa API.