Hoersgen v. Southwestern Portland Cement Co.
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Western District of Texas;. Thomas S. Maxey, Judge. Action at law by Bernhard Hoersgen against the Southwestern Portland Cement Company. Judgment for defendant, and plaintiff brings error. Action for damages for personal injuries brought by Bernhard Hoersgen, an alien, against the Southwestern Portland Cement Company, a corporation.
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In Error to the Circuit Court of the United States for the Western District of Texas;. Thomas S. Maxey, Judge. Action at law by Bernhard Hoersgen against the Southwestern Portland Cement Company. Judgment for defendant, and plaintiff brings error. Action for damages for personal injuries brought by Bernhard Hoersgen, an alien, against the Southwestern Portland Cement Company, a corporation. The defense was that the injury was caused by the negligence of a fellow servant of the plaintiff. The Circuit Court, after evidence for the plaintiff had been received, directed a verdict for the…
1Opinion of the Court
SHELBY, Circuit Judge.
[ 1 ] It is a general rule that the master cannot be made answerable in damages for an injury caused to one servant by the negligence of another, both being engaged in the same common employment. But it is conceded, even by the courts that most rigorously enforce this rule, that there are exceptions to it, and that it is not absolutely and invariably controlling in all cases in which a master is sued for injuries caused by the negligence of another person in the employment of the master. The decisions in the state court's of last resort relating to the rule and the…
2Cases cited8 opinions
- Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
- Northern Pacific Railroad v. PetersonSupreme Court of the United States · 1896
- Northern Pacific Railway Co. v. DixonSupreme Court of the United States · 1904
- Louisville & N. R. v. MillerCourt of Appeals for the Sixth Circuit · 1900
- Peters v. GeorgeCourt of Appeals for the Third Circuit · 1907
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