Browne v. King
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Colorado. A demurrer was sustained to the complaint in the court below, and the only question presented by the writ of error is whether or not the' action of the. court in sustaining that demurrer was correct.
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In Error to the Circuit Court of the United States for the District of Colorado. A demurrer was sustained to the complaint in the court below, and the only question presented by the writ of error is whether or not the' action of the. court in sustaining that demurrer was correct. The. complaint is as follows: “The plaintiff complains of the defendants, and alleges: That at the dates hereinbefore mentioned, as plaintiff is informed and believes, the defendants were, and still are, a partnership, doing business in Gilpin county and Arapahoe county, Colorado, undér the name and style of .the…
1Opinion of the Court
■ROGERS, District Judge,
after stating tlie case as above, delivered the opinion of the court.
Under the settled law in the federal courts, the plaintiff in error (hereafter called the plaintiff) and Daniel Hanefin were undoubtedly fellow servants, in a general sense. Railroad v. Baugh, 149 U. S. 368, 13 Sup. Ct. 914, 37 L. Ed. 772; Coal Co. v. Johnson, 6 C. C. A. 148, 56 Fed. 810. But an employé may occupy the double relation of a fellow servant and vice principal at one and the same time. He may be a fellow servant in a general sense, and a vice-principal for the performance of some special…
2Cases cited10 opinions
- Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
- City of Minneapolis v. LundinCourt of Appeals for the Eighth Circuit · 1893
- Gulf, C. & S. F. Ry. Co. v. JacksonCourt of Appeals for the Eighth Circuit · 1894
- Fones v. PhillipsSupreme Court of Arkansas · 1882
- What Cheer Coal Co. v. JohnsonCourt of Appeals for the Eighth Circuit · 1893
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Shaw v. New Year Gold Mines Co.Montana Supreme Court · 1904
- Rigsby v. Oil Well Supply Co.Missouri Court of Appeals · 1905
- Zelavin v. Tonopah Belmont Development Co.Nevada Supreme Court · 1915
- Owl Creek Coal Co. v. GolebCourt of Appeals for the Eighth Circuit · 1914
- Zeigenmeyer v. Goetz Lime & Cement Co.Missouri Court of Appeals · 1905
4 more not listed; retrieve them via the Exa API.