Martin v. Atchison, T. & S.F. R. Co., 166 U.S. 399 (1897)
U.S. Supreme CourtMartin v. Atchison, T. & S.F. R. Co., 166 U.S. 399 (1897)
Martin v. Atchison, Topeka & Santa Fe Railroad Company
Submitted January 25, 1897
Decided April 5, 1897
166 U.S. 399
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 employees of the company, roadmaster, foreman of the gang of laborers, conductor, etc. Held that the co-employees 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.
The case is stated in the opinion.