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· 4/5/1897

Martin v. Atchison, Topeka & Santa Fe Railroad

Citations

  • 166 U.S. 399
  • 17 S. Ct. 603
  • 41 L. Ed. 1051
  • 1897 U.S. LEXIS 2031

Syllabus

<p>The plaintiff in error was in the employment of the defendant in error as a common laborer. While on a hand car on the road, proceeding to his place of work, he was run into by a train, and seriously, injured. It was claimed that the collision was caused by carelessness and negligence on the part of other employés of the company, roadmaster, foreman of the gang of laborers, conductor, etc. Held, that the co-employés whose negligence was alleged to have caused the injury were fellow-servants of the plaintiff, and hence that the defendant was not liable for the injuries caused by that negligence.</p>

Judges: Peckham, Harlan

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