Huntzicker v. Illinois Cent. R. Co.
Citations
- 129 F. 548
- 64 C.C.A. 78
- 1904 U.S. App. LEXIS 4067
Syllabus
<p>1. Master and Servant — Fellow Servant — Employment.</p> <p>Deceased, a young man, desiring railroad employment, applied to defendant’s trainmaster, with , whom it was agreed that deceased should go on the road, and learn by observation and practice the duties of a flagman, to which end the trainmaster gave him a permit, directed to defendant’s freight conductors, to allow him to ride on freight trains in the district, and acquire familiarity with the business. Deceased was instructed in the duties of a flagman, and performed such duties under the direction and control of the conductors of the trains until on the day of his death, as he was traveling on a freight train to his train-master’s station to be examined, he was killed, while asleep (with the conductor’s assent) in the caboose, by a rear end collision. Held, that deceased, while engaged in such work, was a servant of defendant, and a fellow servant of those by whose negligence he was killed.</p> <p>If 1. Who are fellow servants, see notes to Northern Pac. R. Co. v. Smith, 8 C. C. A. 668; Canadian Pac. Ry. Co. v. Johnston, 9 C. C. A. 596; Flippin v. Kimball, 31 C. C. A. 286.</p>
Judges: Severens
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9 cases in this archive cite this case.
- Southern Pac. Co. v. LibbeyNinth Circuit· 1952-10-01· cited 16×
- Atchison, Topeka & Santa Fe Railway Co. v. FronkSupreme Court of Kansas· 1906-11-10· cited 13×
- Rief v. Great Northern Railway Co.Supreme Court of Minnesota· 1914-07-17· cited 13×
- Dayton Coal & Iron Co. v. DoddSixth Circuit· 1911-06-06· cited 11×
- Louisville & N. R. R. v. Pendleton's Admr.Court of Appeals of Kentucky· 1907-10-11· cited 10×
- Adelphia Hotel Co. v. Providence Stock Co.Third Circuit· 1922-01-12· cited 10×
- Walling v. Nashville, C. & St. L. Ry.Sixth Circuit· 1946-06-01· cited 5×
- Watkins v. ThompsonE.D. Missouri· 1947-07-14· cited 4×
- McMillan v. Grand Trunk Ry. Co.First Circuit· 1904-07-06· cited 2×
Cites
3 cases in this archive are cited by this case.
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