Northern Pacific Railway Co. v. Dixon

Background

A railroad fireman was injured after two trains collided when the train dispatcher gave an erroneous telegraphic order. The dispatcher’s error flowed from a momentary mistake by a local telegraph operator and station agent. Many freight trains on that line ran as “extra” trains without set schedules, moving only on telegraphic orders from the dispatcher.

Reasoning

The Court addressed whether the telegraph operator was a fellow servant of the fireman and whether the employer should be liable for the operator’s mistake. The majority held that the operator and the fireman were engaged in the same general enterprise — the movement of trains — and so were fellow servants. The Court emphasized that the company had reasonable rules and competent personnel, and a momentary, unforeseen act by an operator was a risk the fireman assumed. The Court answered the certificate’s questions by declaring the operator a fellow servant and attributing the operator’s negligence to that fellow‑servant risk.

Real world impact

This decision makes it harder for railroad employees injured by another railroad employee’s telegraphing error to collect damages from the employer when the employer has adopted reasonable rules and competent staff. It treats telegraph operators as part of the ordinary risks of train service when trains are run by dispatch orders.

Dissents or concurrances

Four Justices dissented, arguing the dispatcher functioned as a vice principal and discharged the employer’s positive duty to issue safe orders, so the employer should remain liable for such errors.