Northern Pacific Railroad v. Peterson
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OE APPEALS FOR THE EIGHTH CIRCUIT. This action was commenced by the plaintiff below (defendant in error) in the United States Circuit Court for the District of Minnesota, Fourth Division, to recover damages against the defendant alleged to have been 'sustained' on account of its negligence. The plaintiff was in the service of the corporation when the injury was sustained.
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ERROR TO THE CIRCUIT COURT OE APPEALS FOR THE EIGHTH CIRCUIT. This action was commenced by the plaintiff below (defendant in error) in the United States Circuit Court for the District of Minnesota, Fourth Division, to recover damages against the defendant alleged to have been 'sustained' on account of its negligence. The plaintiff was in the service of the corporation when the injury was sustained. The defendant denied any negligence, and set up that whatever injury plaintiff below sustained was caused by his own neglect and carelessness. The case came to trial and evidence tending to show…
1Opinion of the CourtJustice Peckham
The sole question for our determination is, whether Holver-son occupied the position of fellow-servant with the plaintiff below. If he did, then this judgment is wrong and must be reversed,
By the verdict of the jury, under the charge of the court, Ave must take the fact to be that Holverson was foreman of the extra gang for the defendant company, and that he had charge of and superintended the gang in the putting in of the ties and assisting in keeping in repair the portion of the road included within the three sections; that he had power to hire (and discharge) the hands in his gang, then…
2Cases cited4 opinions
- Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
- Northern Pacific Railroad v. HamblySupreme Court of the United States · 1894
- Central Railroad Company v. KeeganSupreme Court of the United States · 1895
- Ogdensburgh & Lake Champlain Railroad v. Nashua & Lowell RailroadSupreme Court of the United States · 1884
3Cited by136 opinions
- New England Railroad v. ConroySupreme Court of the United States · 1899
- American Bridge Co. v. SeedsCourt of Appeals for the Eighth Circuit · 1906
- Zikos v. Oregon R. & Navigation Co.U.S. Circuit Court for the District of Eastern Washington · 1910
- Morton Salt Co. v. WellsTexas Supreme Court · 1934
- Martin v. Atchison, Topeka & Santa Fe RailroadSupreme Court of the United States · 1897
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