Legal Opinion
Duncan v. Montgomery Ward & Co.
Court of Appeals for the Eighth Circuit
Decided January 23, 1940No. 11536PublishedCited by 19 opinions
1Opinion of the Court
THOMAS, Circuit Judge.
This is an action for damages for personal injuries by a servant against his master. The injury complained of was. alleged to be the proximate result of the negligence of a fellow servant. The action is based upon section 9123 of Pope’s Digest of the Statutes of Arkansas which declares that all corporations shall be liable in damages for injuries sustained by an employee resulting from the negligence of a fellow employee.
At the close of all the evidence the defendant moved for a directed verdict, which was denied, and the jury returned a verdict in favor of the plaintiff…
2Cases cited16 opinions
- Mississippi River Fuel Corp. v. SennSupreme Court of Arkansas · 1931
- St. Louis-San Francisco Railway Co. v. WardSupreme Court of Arkansas · 1939
- Mays v. Ritchie Grocer CompanySupreme Court of Arkansas · 1928
- St. Louis-San Francisco Railway Co. v. BurnsSupreme Court of Arkansas · 1933
- Texas Pipe Line Company v. JohnsonSupreme Court of Arkansas · 1925
11 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Montgomery Ward & Co. v. DuncanSupreme Court of the United States · 1940
- Edward C. Denneny and Catherine Denneny v. Bernard Siegel, Louis H. Block and the Albert Einstein Medical CenterCourt of Appeals for the Third Circuit · 1969
- Shewmaker v. Capital Transit Co.Court of Appeals for the D.C. Circuit · 1944
- Anderson Ex Rel. Anderson v. ButlerSupreme Court of North Carolina · 1974
- Pessagno v. Euclid Inv. Co.Court of Appeals for the D.C. Circuit · 1940
14 more not listed; retrieve them via the Exa API.