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>