Knitter v. Chicago, L. S. & E. Ry. Co.

Citations

• 179 F. 494
• 103 C.C.A. 74
• 1910 U.S. App. LEXIS 4672

Syllabus

<p>Master and .Servant (§ 180*) — Master’s Liability for Injury to Servant —Railroads—Negligence of Eellow Servant — Wisconsin Statute.</p> <p>St. Wis. 1898, § 1816, as amended by Laws 1903, c. 448, which makes a railroad company liable for an injury to an employ ó “while engaged in the line of his duty as such and which shall have been caused by ■ the carelessness or negligence of any other *’ * * employe while in the discharge of, or failure to discharge his duty as such, provided that such injury shall arise from, a risfc or hazard peculiar to the operation of railroads,” abolishes the fellow servant doctrine only in case of injuries to employés of common carriers while engaged in the line of their duty “as such,” and the statute has no application to the case of an injury to one of the crew operating an engine used solely in moving slag cars on the premises of a steel company from a blast furnace to the dumping grounds, although the crew were employes of a railroad company which hired them and the engine to the steel company.</p> <p>[Ed. Note. — For other cases, see Master and Servant, Cent. Dig. § 363: Dec. Dig. § 180.*]</p>