Peterson v. Whitebreast Coal & Mining Co.
Supreme Court of Iowa
Appeal from Lucas Circuit Court. The petition states that defendant is a corporation engaged in mining coal, and that one Haven is president and superintendent thereof; that plaintiff was an employe of the company, and while in its service he was greatly injured, without fault on his part, but through the fault and negligence of one “Watson, a bos§ or foreman of defendant, having charge and control of the plaintiff and John Peterson.”
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Appeal from Lucas Circuit Court. The petition states that defendant is a corporation engaged in mining coal, and that one Haven is president and superintendent thereof; that plaintiff was an employe of the company, and while in its service he was greatly injured, without fault on his part, but through the fault and negligence of one “Watson, a bos§ or foreman of defendant, having charge and control of the plaintiff and John Peterson.” To this petition there was a demurrer, which being sustained, the plaintiff appeals.
1Opinion of the CourtSeevers, J.
i. damages: penoTdeatsu' It is conceded there is no statute making the defendant liable, but the claim is that a recovery can be had at common law. Nearly twenty years ago it was held in Sullivan v. M. & M. R. R. Co., 11 Iowa, 421, that the principal was not liable for damages sustained by an employe from the negligence of a co-employe in the same general service. This rule as to railway corporations has been changed by statute.
It is insisted, however, that the case above cited is not conclusive as an authority in this, because Watson was boss or foreman having charge and control of the…
2Cases cited6 opinions
- Flike v. . Boston and Albany R.R. Co.New York Court of Appeals · 1873
- Malone v. . HathawayNew York Court of Appeals · 1876
- Harper v. Indianapolis & St. Louis RailroadSupreme Court of Missouri · 1871
- Lalor v. Chicago, Burlington & Quincy RailroadIllinois Supreme Court · 1869
- Sullivan v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Randall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1883
- Indiana Car Co. v. ParkerIndiana Supreme Court · 1885
- Newbury ex rel. Newbury v. Getchel & Martin Lumber & Manufacturing Co.Supreme Court of Iowa · 1896
- Baldwin v. St. Louis, Keokuk & Northern R'y Co.Supreme Court of Iowa · 1885
- Cushman v. Carbondale Fuel Co.Supreme Court of Iowa · 1902
13 more not listed; retrieve them via the Exa API.