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NORTHERN PACIFIC RAILROAD v. PETERSON

No. 153.

162 U.S. 346 (1896)

16 S.Ct. 843

40 L.Ed. 994

NORTHERN PACIFIC RAILROAD COMPANY, v. PETERSON.

Supreme Court of United States.

Decided April 13, 1896.

Attorney(s) appearing for the Case

Mr. William J. Curtis and Mr. C.W. Bunn, for plaintiff in error, submitted on their briefs.

Mr. Henry J. Gjertsen for defendant in error.

MR. JUSTICE PECKHAM, after stating the facts, delivered the opinion of the court.

The sole question for our determination is, whether Holverson occupied the position of fellow-servant with the plaintiff below. If he did, then this judgment is wrong and must be reversed.

By the verdict of the jury, under the charge of the court, we must take the fact to be that Holverson was foreman of the extra gang for the defendant company, and that he had charge of and...

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