Northern Pac. R. Co. v. Peterson
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Minnesota. Action by Samuel Peterson against the Northern Pacific Railroad Company to recover damages for personal injuries. Verdict and judgment for plaintiff. Defendant brings error.
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In Error to the Circuit Court of the United States for the District of Minnesota. Action by Samuel Peterson against the Northern Pacific Railroad Company to recover damages for personal injuries. Verdict and judgment for plaintiff. Defendant brings error. Statement by Thayer, District Judge: The case disclosed by the record is as follows: The defendant in error, who was plaintiff in the lower court, recovered a judgment in the sum of $2,-500 for injuries sustained while in the service of the Northern Pacific Railroad Company, in consequence of being thrown from a hand car on which he was…
1Opinion of the CourtThayer, District Judge
The chief question in this case, and the only one which we deem it necessary'to consider, is whether, on the state of facts disclosed by the record, Peterson, the plaintiff, and Holverson, the foreman, wer.e fellow servants. The issue concerning the alleged- negligence of the ) crew on the rear hand car was fairly presented by the charge of the lower court, and the jury have determined that issue adversely to the ¡contention of the defendant company. It may be conceded that under the rule which prevails in Wisconsin, where the accident occurred, and i in, some other states as well, Peterson…
2Cases cited1 opinion
- Chicago, Milwaukee & St. Paul Railway Co. v. RossSupreme Court of the United States · 1884
3Cited by1 opinion
- Goodwell v. Montana Central Railway Co.Montana Supreme Court · 1896