Beasley v. San José Fruit-Packing Co.
California Supreme Court
Appeal from a judgment of the Superior Court of the county of Santa Clara, and from an order denying a new trial. The facts are stated in the opinion of the court.
1Opinion of the CourtHarrison, J.
The plaintiff, an employee of the defendant, brought this action to recover for personal injuries caused by the carelessness of a fellow-employee in running a freight-elevator. Judgment was rendered in his favor for five hundred dollars, and from this judgment, and an order denying a new trial, the defendant has appealed.
The plaintiff can maintain no action against the defendant for damages sustained solely through the negligence of a fellow-employee; but to avoid the .effect of this rule, the plaintiff has charged in his complaint that the defendant was negligent in selecting and retaining…
2Cases cited6 opinions
- Luby v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
- Insurance Company v. MahoneSupreme Court of the United States · 1875
- Packet Co. v. CloughSupreme Court of the United States · 1874
- Emerson v. County of Santa ClaraCalifornia Supreme Court · 1871
- Rockwell v. TaylorSupreme Court of Connecticut · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Wheeler v. Oregon Railroad & Navigation Co.Idaho Supreme Court · 1909
- Anderson v. Great Northern Railway Co.Idaho Supreme Court · 1908
- Borland v. Nevada BankCalifornia Supreme Court · 1893
- Bundy v. Sierra Lumber Co.California Supreme Court · 1906
- Lissak v. Crocker Estate Co.California Supreme Court · 1897
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