Salt Lake Herald | 1908-01-28 | Page 10 | Court Denies New Trial

COURT DENIES NEW TRIAL Ruling of Judge Marshall Harshall in Regard to Fellow Servant Law Given Further Emphasis Judge John A Marshall In the United States court yesterday denied the mo motion motion tion Ion for a new trial of ot Steve Lukic in i his Ills action against the Southern Pa for damages The case was brought to trial in the federal court about a month ago but the court took it from the jury and ruled that the fellow fello servant law Is appU applicable applicable able to the action The verdict was for the Lukic was a laborer employed on the LucIa Lucin cutoff in 1903 On August 18 of ol that year a construction train was run over the portion of ot track where Lukic was at work In attempting to avoid e train he stepped upon a portion of the uncompleted roadbed which sank and he was thrown on one ol of the tracks and received a severely crushed leg The allegation was that the company compan had failed to show lights and that it ft was the duty of ot the brake brakeman brakeman brakeman man to place these lights The court held In brief that a la In laborer laborer borer Is a fellow servant of ot a brake brakeman brakeman brakeman man a ruling involving phases of the fellow servant law not heretofore pass passed passed passed ed upon A motion for a new trIal tria was made ade and yesterday yes rda was denied