Ohio & Mississippi Railroad v. Muhling
Illinois Supreme Court
The defendant in error sued the Ohio and Mississippi Railroad Company, in the Circuit Court of Clinton county, for injuries received on one of the trains of that company. The first count of the declaration avers, that plaintiff was a work-hand in the employ of the defendant, on the 29th of June, 1854, and was, as such work-hand, on the cars- of defendant, to be safely carried from Shoal Creek station, in Clinton county, to a point at or near Carlyle prairie, in said county.
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The defendant in error sued the Ohio and Mississippi Railroad Company, in the Circuit Court of Clinton county, for injuries received on one of the trains of that company. The first count of the declaration avers, that plaintiff was a work-hand in the employ of the defendant, on the 29th of June, 1854, and was, as such work-hand, on the cars- of defendant, to be safely carried from Shoal Creek station, in Clinton county, to a point at or near Carlyle prairie, in said county. Plaintiff avers, that the trestle bridging across Shoal creek, in said county, was built in so unworkmanlike,…
1Opinion of the CourtWalker, J.
The evidence shows, that defendant in error, when he received the inj ury, was going from his residence to Trenton or Summerfield, to purchase flour. He was in the • pursuit of his own business, and not that of the company. Whatever might have been his former relations with the company, he was then engaged in his own business. He was at that time in the situation of any other stranger to, or passenger upon the road, liable to no greater burthens, nor entitled to more privileges, than any other passenger similarly situated. He had no control over the running of the train, was not then engaged…
2Cases cited1 opinion
- Chicago, Burlington & Quincy Railroad v. HazzardIllinois Supreme Court · 1861
3Cited by28 opinions
- Illinois Central Railroad v. LeinerIllinois Supreme Court · 1903
- Smith v. O'DonnellCalifornia Supreme Court · 1932
- Florida Southern Railway Co. v. HirstSupreme Court of Florida · 1892
- Chicago & Alton Railroad v. ArnolIllinois Supreme Court · 1893
- Dunn v. Grand Trunk Railway Co. of CanadaSupreme Judicial Court of Maine · 1870
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