Bosworth v. Rogers
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Southern District of Illinois. This action was brought by the defendant in error, Anna Rogers, as admin-istratrix of the estate of her husband, Frank Rogers, deceased, to recover pecuniary damages resulting from the death of her husband, alleged to have boon caused by die negligence of the servants of the appellant 0. II.
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In Error to the Circuit Court of the United States for the Southern District of Illinois. This action was brought by the defendant in error, Anna Rogers, as admin-istratrix of the estate of her husband, Frank Rogers, deceased, to recover pecuniary damages resulting from the death of her husband, alleged to have boon caused by die negligence of the servants of the appellant 0. II. Bosworrh. who was at the time receiver of and engaged In the operation of the railway of the Chicago, Peoria & lit. Louis Railway Conrpauy (hereinafter termed, I'or brevity, the “Chicago Company”). The St. Louis &…
1Opinion of the CourtJenkins, Circuit Judge
The test of fellow service is a common master and a common service. These must concur. There must be unity of service and control. This principle underlies every ruling upon the subject from the time of Priestley v. Fowler, 3 Mees. & W. 1, and Murray v. Railroad Co., 1 McMull. 384, the pioneer cases upon the subject, and Farwell v. Railroad Corp., 4 Metc. (Mass.) 49 (in which Chief Justice Shaw delivered his masterly exposition of the doctrine of master and servant), down to the latest recorded decision. The exemption of liability on the part of the master for injury occurring to one servant…
2Cases cited16 opinions
- Northern Pacific Railroad v. PetersonSupreme Court of the United States · 1896
- Chicago & Eastern Illinois Railroad v. O'ConnorIllinois Supreme Court · 1886
- Smith v. . New York and Harlem Railroad CompanyNew York Court of Appeals · 1859
- Johnson v. City of BostonMassachusetts Supreme Judicial Court · 1875
- Chicago, Rock Island & Pacific R. R. v. AustinIllinois Supreme Court · 1873
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