Brady v. Chicago & G. W. Ry. Co.

Citations

• 114 F. 100
• 57 L.R.A. 712
• 1902 U.S. App. LEXIS 4070

Syllabus

<p>1. Master's and Servant's Duty in Operation of Railroad — Negligence.</p> <p>The duty of so operating a safely constructed and equipped'railroad, subject to the rules and general supervision of the master, as to keep it reasonably safe for those employed upon it is not a positive duty of the master, but a primary duty of the servant</p> <p>& Carriers — Liability to Passengers of Railway Company Operating over Another Railroad. .</p> <p>A railroad company operating its trains over the railroad of another corporation by permission is liable to its passengers for the negligence of the servants of the licensing corporation.</p> <p>3. Master and Servant — Liability to Servants of Railway Company Operating over Another Railroad.</p> <p>A railway company running its trains over another road by permission is liable to its employés for the negligence of the servants of the licensing corporation in the discharge of the absolute duties of the master.</p> <p>4. Same.</p> <p>But such a railway company is not liable to its servants for the negligence of the employés of the licensing corporation in the discharge of their duties as servants.</p> <p>5. Same — Respondeat Sdpertor — Power of Control Test of Application.</p> <p>The power of the alleged master or principal to command or direct the alleged servant or agent is the test of the liability of the former for the acts of the latter, under the maxim respondeat superior. If the master or principal has no power to command or direct the alleged servant or agent, he is not responsible for his acts, because there is no superior to respond.</p> <p>ft. Same — Employe of Railway Company not Fellow Servant of Employe of Depot Company.</p> <p>The G. W. By. Co. was operating a train through the yards of a depot corporation, under the customary contract for the use of the yards and depot jointly with other companies having like contracts, when one of its employés was killed by the alleged negligence of the servants of the depot company i