American Bridge Co. v. Seeds
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Kansas. The American Bridge Company, the defendant below, complains of a judgment which Edward M. Seeds recovered against it for an injury he sustained while he was in its employment. The bridge company was engaged in removing the old railroad bridge and in constructing a new bridge across the Missouri river at Atchison.
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In Error to the Circuit Court of the United States for the District of Kansas. The American Bridge Company, the defendant below, complains of a judgment which Edward M. Seeds recovered against it for an injury he sustained while he was in its employment. The bridge company was engaged in removing the old railroad bridge and in constructing a new bridge across the Missouri river at Atchison. Piles had been driven into the bed of the river, and falsework had been erected upon those piles to support the railroad, while the work was in progress, and also to hold the machinery requisite to…
1Opinion of the Court
SANBORN, Circuit Judge,
after stating the case as above, delivered the opinion of the cour.t.
The foreman was the fellow servant of the plaintiff, and the latter necessarily assumed the risk of the former’s negligence, including the risk of the order which he gave to the plaintiff and the risk 'of the signal which he gave to the man at the niggerhead. The servant assumes the risk of the negligence of his superior fellow servant in the direction of the men and of the work, to the same extent that he assumes the risk of the negligence of the fellow laborer by his side who is engaged in performing…
2Cases cited54 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
- Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
- Day v. WoodworthSupreme Court of the United States · 1852
- Randall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1883
49 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Johns-Manville, Inc. v. PockerCourt of Appeals for the Eighth Circuit · 1928
- Central Improvement Co. v. Cambria Steel Co.Court of Appeals for the Eighth Circuit · 1913
- Huggard v. Glucose Sugar Refining Co.Supreme Court of Iowa · 1906
- Northern Railway Co. v. PageSupreme Court of the United States · 1927
- Marshal v. Dalton Paper MillsSupreme Court of Vermont · 1909
51 more not listed; retrieve them via the Exa API.