Southern Pac. Co. v. Schoer

Citations

• 114 F. 466
• 57 L.R.A. 707
• 1902 U.S. App. LEXIS 4112

Syllabus

<p>1. Master and Servant — Negt.ioence—States may Regulate Liability for.</p> <p>The states have the right to regulate within reasonable limits the relations between employers and employés within their borders, and to fix by legislative enactments the liabilities of the former for the acts and negligence of the latter.</p> <p>2. Negligence op Sui’brtor Shut ants — Liability under Utah Statute.</p> <p>Sections 1342 and 1343 of the Revised Statutes of Utah make all servants employed in the service of a master doing business in that state, who are intrusted by him with authority to command his other servants, or with the authority to direct another of his servants in the discharge of his duties, vice principals of their master, and charge him with liability for their negligence whether it was committed in the discharge of the positive duties of the master or in the performance of the primary duties of the servants.</p> <p>8, Same -Acts not Done while Exercising Superintendence.</p> <p>Those sections make the master liable for the negligence of superior servants committed in the discharge of their duties as employes, whether the negligence was committed while they were exercising their authority to command or superintend others or not.</p> <p>4. Evidence — Writings.</p> <p>A writing which contains competent evidence upon a material issue cannot be lawfully rejected because it also contains evidence which is incompetent and irrelevant.</p> <p>5. Act op God Excusing Performance op Duty.</p> <p>Nothing less than such a fortuitous gathering of circumstances as prevents the performance of a duty, and such as could not have been foreseen by the exercise of reasonable prudence, or overcome by the exereiso of reasonable care and diligence, constitutes an act of God which will excuse the discharge of a duty.</p> <p>(Syllabus by the Court.)</p>