The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918. Page: 83
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HARRELL V. ATLAS PORTLAND CEMENT CO.
parties. Mr. Justice Davis said, in Grant v. United States, 7 Wall.
331, at page 338, 19 L. Ed. 194:
"The only remaining point in the case relates to the rescission by Secretary
Cameron of the order of the 9th of March. This proceeding was undoubtedly
taken because the supplies needed in Arizona could be either purchased there
at cheaper rates, or forwarded more securely from St. Louis. Whether the
conduct of the Secretary of War was or was not justifiable is not a question
to be considered in deciding this suit; for the claimant has not shown a
state of case on which he could recover if the rescinding order had never
been made. The contract entitled him to furnish, at certain prices, all the
supplies that might be needed in Arizona until the 20th of March, 1862. To
enable him to recover for a breach of this contract, he should have proved
that supplies were needed at the posts in Arizona after the rescinding order
was made, and the pecuniary loss he sustained in not being allowed to furnish
them. This he has wholly failed to do."
I think the judgment should be reversed.
HARRELL v. ATLAS PORTLAND CEMENT CO. *
(Circuit Court of Appeals, Eighth Circuit. March 26, 1918.)
MASTER AND SERVANT 4=198(3)-INJURIES TO SERVANT-FELLOW SERVANTS.
Where a railroad company transported rock from a cement company's
quarry to its plant, and employes of the railroad company who took
loaded cars from and empty cars into the quarry pit over the tracks of
the cement company worked in conjunction with that company's serv-
ants in loading and removing the cars, and all were under the direction
of the cement company, such employes, though hired and paid by the
railroad company, were servants of the cement company and fellow
servants of the employs of that company, for one who has the right to.
control the doing of the work is the "master."
[Ed. Note.-For other definitions, see Words and Phrases, First and
Second Series, Master.]
In Error to the District Court of the United States for the East-
ern District of Missouri; David P. Dyer, Judge.
Action by George Edward Harrell against the Atlas Portland Cement
Company. Judgment for defendant, and plaintiff brings error. Af-
John G. Parkinson, of St. Joseph, Mo. (James W. Mytton, Allen
May, and Richard M. Duncan, all of St. Joseph, Mo., on the brief), for-
plaintiff in error.
George A. Mahan, of Hannibal, Mo. (A. R. Smith and Dulany Ma-
han, both of Hannibal, Mo., on the brief), for defendant in error.
Before SANBORN and CARLAND, Circuit Judges.
SANBORN, Circuit Judge. Mr. Harrell sued the Atlas Portland
Cement Company for damages that resulted, as he averred, from a
personal injury inflicted upon him, as he alleged, by the negligence of
its servants, and especially of its engineer, who was operating its steam
MFor other ases see same topic & KEY-NUMBER in all Key-Numbered Disets A Indexes
'Rehearins dented September a, 1918.
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The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918., legislative document, 1918; Saint Paul, Minnesota. (digital.library.unt.edu/ark:/67531/metadc38821/m1/98/: accessed June 26, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.