Hoyt v. Thompson
| Decision Date | 02 May 1949 |
| Docket Number | No. 9760.,9760. |
| Parties | HOYT v. THOMPSON. |
| Court | U.S. Court of Appeals — Seventh Circuit |
Sol Andrews, of Chicago, Ill., for appellant.
J. Arthur Miller, Edgar Vanneman, Jr., and Campbell, Clark & Miller, all of Chicago, Ill., for appellee.
Before MAJOR, Chief Judge, KERNER and DUFFY, Circuit Judges.
Plaintiff brought this action under the Federal Employers' Liability Act, 45 U.S. C.A. § 51, to recover damages for injuries sustained by her husband while an employee of the defendant, which injuries allegedly resulted in his death. On defendant's motion, the lower court on November 3, 1948 dismissed the complaint for failure to state a cause of action, and the instant appeal is from such order.
As to the manner in which the injuries were sustained, the complaint alleges:
While other questions were raised by defendant's motion to dismiss, we think that the only one necessary for decision is whether defendant is liable for injuries sustained by the decedent at the hands of fellow employees as a result of their engagement in "wrestling and scuffling." The answer to this question depends upon whether such employees while so engaged were acting in the furtherance of the defendant's business.
No good purpose could be served in an attempt to discuss or analyze the authorities relied upon by the plaintiff. We have examined them and think they are not in point. We agree with the lower court that no cause of action was stated. Cf. Davis v. Green, 260 U.S. 349, 43 S.Ct. 123, 67 L. Ed. 299; Sheaf v. Minneapolis St. P. & S. S. M. Ry. Co., 8 Cir., 162 F.2d 110; Reeve v. Northern Pac. Ry. Co., 82 Wash, 268, 144 P. 63, L.R.A. 1915C, 37.
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Lancaster v. Norfolk and Western Ry. Co.
...Corp., 677 F.2d 245 (2d Cir.1982); Copeland v. St. Louis-San Francisco Ry., 291 F.2d 119, 121 (10th Cir.1961); Hoyt v. Thompson, 174 F.2d 284, 285 (7th Cir.1949) (per curiam). Although Ira S. Bushey & Sons, Inc. v. United States, 398 F.2d 167, 170-72 (2d Cir.1968) (Friendly, J.), rejects th......
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Copeland v. St. Louis-San Francisco Railway Company, 6599.
...applied in cases of this nature brought under the F.E.L.A. which are collected in Annotation 33 A.L.R.2d 1295, 1309 (1954). Hoyt v. Thompson, 7 Cir., 174 F.2d 284, for example, involved injuries to an employee which were caused by two other employees who were wrestling or scuffling over a b......
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Beech v. Hercules Drilling Co.
...F.2d 80, 82–83 (2d Cir.1989) (citing Copeland v. St. Louis–San Francisco Ry. Co., 291 F.2d 119, 120 (10th Cir.1961) and Hoyt v. Thompson, 174 F.2d 284, 285 (7th Cir.1949)) (holding that “under FELA [and the Jones Act], employers are liable for the negligence of their employees only if it oc......
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Amann v. Northern Pac. Ry. Co.
...1950 all citing and relying upon the cases of Davis v. Green and Atlantic Coast Line R. Co. v. Southwell, supra, namely, Hoyt v. Thompson, 7 Cir., 174 F.2d 284, 285; Smith v. Lehigh Valley R. Co., 2 Cir., 174 F.2d 592, 594; Lavender v. Illinois Central R. Co., 358 Mo. 1160, 219 S.W.2d 353, ......