O'Connor v. Atchison, T. & S. F. Ry. Co.

Citations

• 137 F. 503
• 70 C.C.A. 87
• 1905 U.S. App. LEXIS 4570

Syllabus

<p>1. Master and Servant—Death oe Servant—Railroads—Actions—Declaration.</p> <p>Where, in an action for death of a railroad section hand while unloading a dump car, the declaration, though alleging that the service in which deceased was killed was without the service he had contracted to render, did not allege that defendant or its road master knew, or should have known, that deceased was inexperienced, of immature judgment, or ignorant of the dangers attending the service, it was demurrable.</p> <p>2. Same—Fellow Servants.</p> <p>Where a railroad section hand was killed while working on a railroad dump car by the forcible striking of the car by the engine attached thereto caused by the negligence of those operating the engine, deceased and such operatives were fellow servants.</p> <p>[Ed. Note.-—For cases in point, see vol. 34, Cent. Dig. Master and Servant, §§ 500, 501.</p> <p>Who are fellow servants, see note to Northern Pac. R. Co. v. Smith, 8 C. C. A. 668; Flippin v. Kimball, 31 C. C. A. 286.]</p>