Packet Co. v. McCue
Supreme Court of the United States
Error to the Circuit Court for tbe Eastern District of Wisconsin. The case was thus: Patrick McCue was a common laboring man, living in Prairie du Chien, Wisconsin, and employed in the railroad warehouse in that place. On the evening of the 11th of July, 1868'-the steamer War Eagle, owned by the Northwestern Packet Company,'.arrived at the landing in Prairie du Chien for the purpose of taking freight from the ware-. house.
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Error to the Circuit Court for tbe Eastern District of Wisconsin. The case was thus: Patrick McCue was a common laboring man, living in Prairie du Chien, Wisconsin, and employed in the railroad warehouse in that place. On the evening of the 11th of July, 1868'-the steamer War Eagle, owned by the Northwestern Packet Company,'.arrived at the landing in Prairie du Chien for the purpose of taking freight from the ware-. house. Being short of hands, the mate of the boat went to the warehouse, and there employed McCue and four or five other persons'to assist in carrying freight from the.-warehouse…
1Opinion of the CourtJustice Davis
It is- insisted on the part of the plaintiff in error that a master is not responsible to-a servant for injuries caused by the negligence or misconduct of a fellow-servant engaged in the same general business. Whether this general proposition be true or not it is not necessary to determine in the state of this, record. It is conceded, if the employment o'f McCue by the company terminated before the injury complained of was suffered, that the company is liable, and this the jury have found to be-the fact.
*514But it is said it was the province of the court, and not the jury, to determine the point…
2Cited by1 opinion
- Packet Company v. McCueSupreme Court of the United States · 1873